Arizona’s DUI Checkpoints Over the Holiday Season

Technically, Arizona law enforcement agencies are supposed to inform the public of the location of DUI checkpoints in advance, but pressure from law enforcement and drunk driving advocacy groups has led to a decrease in checkpoint reporting.

Most websites that used to report DUI checkpoints in Arizona, like DUIBlock.com and mrcheckpoint.com are years out of date. You may also find it difficult to locate announcements on any of the local police department websites, social media pages or in news publications in the greater Phoenix area.

Sobriety checkpoints catch fewer drivers if the public is informed. Since news agencies don’t want to be accused of enabling drunk driving, there’s little effort to push back on the practice of burying public notifications. Even the mobile apps that were designed to legally warn drivers of checkpoints were bullied off app stores more than a decade ago.

However, there are still some tools that may help drivers avoid DUI checkpoints.

Nextdoor or Other Neighborhood Social Media Channels

If you belong to any neighborhood groups, people may post notifications if they see a DUI checkpoint being set up or if they had to go through one on their way home. If you are concerned about running into a DUI checkpoint and are a member of one of these groups, you may want to check them before you begin your drive home.

Waze

Users who use the Waze directions and map application can report the presence of police officers. If you see a tightly packed concentration of police officers on the Waze map over the holidays, particularly in the evening, it could be a DUI checkpoint.

Observational Indicators

If you notice unusual traffic slowdowns or the presence of multiple police vehicles and flashing lights down the road, it may indicate that there’s a DUI checkpoint ahead. Even if it’s just an accident or some other unrelated police activity, it’s likely in your best interest to detour around.

Making a Lawful U-Turn or Finding Another Path

It is not illegal to avoid a DUI checkpoint. However, some police officers will likely be on the lookout for people who make illegal turns in a panic to avoid having to go through the checkpoint. Legally turning is not adequate probable cause to stop you, but that doesn’t necessarily mean you won’t be pulled over.

Handling a DUI Checkpoint

Being stopped at a DUI checkpoint can be a very stressful experience, particularly if you’ve had a beer or a couple of glasses of wine. There are some important things to keep in mind when you get to the front of the line:

• Have your license, registration and insurance information out before you reach the front of the line.
  
  
• Although you can technically refuse to do a breathalyzer, you may be subject to a one-year license suspension, regardless of your sobriety. Arizona is an implied consent state, meaning you’ve consented to take a breathalyzer or chemical test simply by getting behind the wheel.

• You are not legally required to perform a field sobriety test (FST). If you do decline, do so politely. These tests can be difficult for sober individuals in good health to successfully complete up to an officer’s subjective standards. Refusing a FST may raise law enforcement’s suspicion and may be used against you if you are charged with a DUI, but these tests can be challenged in court due to their inherent unreliability as a measure of intoxication.

• Don’t volunteer information, like admitting how much you’ve had to drink or providing unnecessary details about your activities that evening. Officers can and will use your words against you if it helps them secure a conviction.
  
  
• Be cognizant of how the checkpoint is being operated. Even if you are arrested, it’s possible that the checkpoint violated your rights or those of other drivers, like a lack of signage or advance notice. An experienced DUI defense attorney can potentially use these details to combat your charges.
  
  
• Be confident without being rude. Nervousness doesn’t equate to guilt, but anxious overexplaining and rambling may give law enforcement the impression that you’re hiding something.

Are You Facing DUI Charges After Being Stopped at a Sobriety Checkpoint in Phoenix?

Michael Alarid III is one of only two Arizona attorneys who is both Board-Certified in DUI Defense by the National College for DUI Defense (NCDD) and a Board-Certified Specialist in Criminal Law by the Arizona State Bar. If you’re looking for an attorney with legal knowledge, familiarity with DUI defense strategies and extensive experience defending the rights of individuals charged with crimes in Phoenix, call the Law Office of Michael Alarid III at (602) 818-3110.