What You Should Know About Dui Checkpoints in Illinois

If you’re driving in Illinois – especially around holidays, weekends or major social and sporting events – you might find yourself approaching a “sobriety checkpoint” designed to spot those who are guilty of driving under the influence (DUI).

While it can be a little nerve-wracking to see flashing lights and officers waving cars forward, knowing what these checkpoints are, why they exist, and how they operate can take away some of the uncertainty.

What are DUI checkpoints?

DUI checkpoints are not legal in all states – but they are in Illinois – so that’s particularly important to know if you are visiting the state for some reason and you aren’t familiar with them. A DUI checkpoint is a designated location where the police stop vehicles passing through an area to look for impaired drivers. They tend to be in full swing in the summer months, from Memorial Day to Labor Day, and pick back up again around winter holidays like Thanksgiving and Christmas.

At one of these checkpoints, you can expect an officer to briefly speak with you, request your driver’s license, ask for proof of insurance and observe your general condition. They’re looking for signs of impairment, like slurred speech, the smell of alcohol on your breath or clothes, bleary eyes and unusual fatigue – or really any behavior that might indicate that you’re impaired.

Checkpoints are different from random traffic stops, where the police can’t pull over just anyone at any time without a sufficient reason, which is why they are controversial and illegal in some states. The way DUI checkpoints are conducted is supposed to balance public safety with individual rights.

What’s the purpose of DUI checkpoints?

Checkpoints are, in large part, geared toward prevention rather than arrest. By setting up in visible locations and announcing them ahead of time, the authorities are sending a message to anybody tempted to drink and drive. That can make most people think twice about taking the risk, so it is a powerful deterrent.

When drivers know a checkpoint is going to be operating, they’re more likely to plan ahead for a night out and use a designated driver, call a rideshare or take public transportation. While checkpoints do result in arrests, their biggest value is in stopping intoxicated drivers from getting behind the wheel in the first place.

What are the guidelines for DUI checkpoints in Illinois?

Even though Illinois law allows DUI checkpoints, there are still some rules in place to protect the public from unfair tactics. Namely:

1. Police departments must announce the location or general area of a checkpoint ahead of time, often through press releases, social media, or local news outlets.
2. Officers can’t stop vehicles purely at their own discretion. They must use a pre-set formula – like every 3rd, 4th or 5th vehicle – to keep the process consistent and free from bias and discrimination.
3. A DUI checkpoint has to be easy for drivers to spot. Signs, traffic cones, flashing lights and uniformed officers help make a checkpoint obvious well before you reach it.

Driver safety also comes first. The location and setup of a checkpoint must not cause any unnecessary hazards or long traffic delays.

Can you legally turn away from a DUI checkpoint?

A lot of drivers, understandably, would prefer to skip these checkpoints entirely, even if they are totally sober. But, is it too late once you see one ahead?

It depends. It is not illegal to turn away from a checkpoint – as long as you do so before you enter it and you obey all traffic laws when doing so. In other words, you can make a legal turn onto another street before reaching the checkpoint, but you can’t make an illegal U-turn, cross a double yellow line or violate traffic signals just to avoid it. If you violate the law, you can definitely expect officers to stop you.

Unfortunately, you may also attract the attention of law enforcement just by turning away, even though it is your legal right. Because of that, you may find it more prudent just to comply with the checkpoint.

If you’re stopped at a DUI checkpoint, remain calm, polite and cooperative. You’re required to provide your driver’s license, proof of insurance, and comply with lawful instructions. If you do run into trouble and the stop turns into something more, it is wisest to invoke your right to remain silent and get legal guidance.