December 21, 2022

Are DUI Checkpoints Legal in Arizona?

In this article, we discuss the legality of DUI checkpoints in Arizona and what you can expect if you are stopped.

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Dane Perikly

Director of Virtual Services & DUI Education

Last Update on June 5, 2023

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Are DUI checkpoints legal in Arizona? Driving in Arizona, you must be aware of DUI checkpoints. A DUI checkpoint is a roadblock law enforcement set up to check drivers for signs of intoxication. If you are caught driving impaired, you can face serious penalties. In this article, we will discuss the legality of DUI checkpoints in Arizona and what you can expect if you are stopped.

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What are DUI checkpoints, and why are they set up?

DUI checkpoints in Arizona are generally conducted on a monthly basis.

The Arizona Department of Public Safety (DPS) generally sets up checkpoints on weekends and holidays.

The DPS also coordinates with local law enforcement to conduct additional checkpoints throughout the year.

The police will set up a checkpoint and stop cars at random to check for signs of intoxication.

If the driver appears impaired, they will be given a field sobriety test. If they fail the test, they will be arrested for DUI.

There are many reasons why DUI checkpoints are important. First, they help to keep our roads safe.

By stopping drivers who may be impaired, we can prevent accidents and save lives. Second, DUI checkpoints act as a deterrent.

If drivers know that there is a chance they could be stopped and tested for drunk driving, they may be less likely to drink and drive in the first place.

Finally, checkpoints help to raise awareness about the dangers of drunk driving. Drivers who are stopped and found to be sober may leave the checkpoint with a greater understanding of the risks involved in drunk driving.

Overall, DUI checkpoints serve an important function in keeping our roads safe and educating drivers about the dangers of drunk driving.

Are DUI checkpoints legal in Arizona?

Yes, DUI checkpoints are legal in Arizona. In fact, according to the Arizona Supreme Court, they are considered a “legitimate police tool.”

A DUI checkpoint is illegal if it violates the Fourth Amendment of the U.S. Constitution, which protects citizens from unreasonable search and seizure. 

This means that the checkpoint must be reasonable in terms of its location, time of day, method of operation, and the length of time a vehicle is detained.

Additionally, DUI checkpoints must be conducted in a non-discriminatory manner, meaning that all vehicles must be stopped in a uniform manner, regardless of the driver’s race, gender, or other characteristics.

However, there are some restrictions on how and where these checkpoints can be conducted.

For example, police must have a valid reason for setting up the checkpoint (such as a recent increase in DUI-related accidents in the area) and publicize the checkpoint ahead of time.

Additionally, the checkpoint must be conducted safely with adequate lighting and signs that clearly alert drivers of what is happening ahead.

What happens if you are caught driving impaired at a checkpoint?

You will be arrested and taken into custody if caught driving impaired at a checkpoint in Arizona.

You will likely be charged with a DUI or DWI, and your driver’s license will be suspended.

You may also be required to attend a mandatory alcohol education program, and you will be fined by the state of Arizona.

How can you avoid being caught at a checkpoint?

The best way to avoid being caught at a checkpoint is to not drink and drive. It sounds simple, but many just don’t understand how important it is to have a designated driver and stay off the roads when drinking.

If you do end up getting stopped at a checkpoint and you are under the influence, be cooperative and answer questions truthfully.

It is also important to have all your documents to show to the officer if necessary. Finally, try to stay calm and avoid aggressive behavior, as this could escalate the situation.

What happens if you turn around at a DUI checkpoint?

If you decide to try to turn around before arriving at a DUI checkpoint, an officer will likely see you and then pull you over. 

In fact, many DUI checkpoints have officers waiting in their cars for this exact scenario, which happens.

Let’s face it, turning around before you get to a DUI checkpoint looks highly suspicious.  

What are the consequences of being convicted of a DUI in Arizona?

The consequences of being convicted of a DUI in Arizona are harsh. If you are convicted of a DUI, you will face jail time, fines, and the loss of your driver’s license. You may also be required to complete an alcohol education or treatment program.

These consequences depend on your criminal history, for example, if you’ve previously been charged with a DUI. 

Don’t get caught driving under the influence at a DUI checkpoint

So, in summary, DUI checkpoints are very legal in Arizona. If caught drunk driving, you will be arrested and charged with driving under the influence and could face jail time and hefty fines.

You can avoid this nightmare scenario by practicing safe alcohol drinking. There are many options for avoiding drinking and driving, including taking an uber or Lyft, getting a ride from a friend, or taking public transportation.

Published: 12/21/2022

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Dane Perikly

DIRECTOR OF VIRTUAL SERVICES

Dane is the Director of Virtual services at Cornerstone. He contributes guides on DUI education so that you can understand all there is to know about DUI charges, education, and the overall process of meeting Arizona requirements after a DUI. He cares deeply about raising awareness of the dangers of DUI and illustrating the impact on victims and on those charged. 

lionel estrada lisac clinical director
CLINICAL DIRECTOR

Lionel is the Clinical Director of Cornerstone’s Scottsdale treatment facilities. He has had over 4 years at Cornerstone. He is personally in recovery and passionate about helping others overcome substance abuse and mental health challenges, he is trained as an EMDR, adopting a trauma-informed approach to treat the underlying issues of conditions.

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