Is it illegal to try and avoid a DUI checkpoint in SC? Here’s what the law says
As South Carolinians prepare to travel for Thanksgiving, police departments and state troopers are gearing up for DUI checkpoints.
Checkpoints for drivers under the influence of alcohol and other drugs are fairly common in South Carolina, but particularly around the holidays. Such checkpoints are legal, as long as they follow certain procedures.
But what are the potential legal ramifications of trying to avoid a checkpoint? If you’re driving home and suddenly approach a checkpoint in South Carolina, can you, for instance, simply turn around and drive away without any consequences?
Here’s what South Carolina law says on the issue.
Is it illegal to avoid a DUI checkpoint in SC?
If you see a checkpoint, turning down another road or making a legal maneuver to turn around and head the other way to avoid the situation is not against the law, according to the Law Office of James R. Snell, Jr. in Lexington.
“However, if you violate a traffic law in order to bypass a checkpoint, a police officer has the right to pull you over,” the law office states.
Typical traffic violations
Driving the wrong way
Failure to use turn signal
Making an illegal U-turn
Failure to yield
Disobeying a traffic sign or signal
Crossing a solid white or yellow line
Driving over a divider
The law firm notes that even if you legally turn away from a checkpoint, an officer may still follow you to see if you display any signs of drunk driving.
Your rights at a SC DUI checkpoint
According to Holland Law LLC in Fort Mill, South Carolina residents have several rights at DUI checkpoints.
If you choose to drive through a checkpoint, you must stop if a police officer directs you.
You have the right to remain silent under the Fifth Amendment of the U.S. Constitution, meaning you don’t have to answer questions such as, “have you been drinking tonight?”
You have the right to refuse a field sobriety test, which officers use to assess a driver’s balance and coordination. However, just know that refusing to take a test may result in arrest and as evidence of your impairment in court.
The implied consent law in South Carolina requires drivers to submit to a breathalyzer test if they are suspected of DUI. You can refuse to take a breathalyzer test at a DUI checkpoint, but if you do, your driver’s license may be suspended and the refusal could be used against you in court.
Legality of DUI checkpoints in SC
DUI checkpoints in South Carolina have been upheld as not infringing on Fourth Amendment rights forbidding unreasonable search and seizure, Bannister, Wyatt & Stalvey, LLC Attorneys at Law in Greenville states. However, such checkpoints must meet certain requirements to be considered legal.
Police cannot set up checkpoints at random. For example, a DUI checkpoint may be a valid response in an area that has had an abnormally high amount of drunk driving accidents.
Police officers cannot set up DUI checkpoints on a whim. Law enforcement at the supervisory level must approve the decision to set up a checkpoint, the location and the operational procedures. Also, a uniformed supervisory officer must oversee the checkpoint.
Police are required to publicize the date and location of all DUI checkpoints.
When police set up checkpoints, they cannot stop vehicles at random. Officers must stop drivers in accordance with a neutral pattern, such as every third car.
