An interesting issue — we see it reported on U.S. news websites fairly regularly; that is drivers turning off the road to avoid a DUI roadblock. It may not apply across the United States, but in some jurisdictions the police are required to publicize the times and approximate locations of DUI roadblocks. Moreover, it appears that at least in some jurisdictions drivers are entitled to take a lawful exit or turn to avoid a DUI roadblock up ahead.
A departure from the road to avoid a DUI roadblock is completely permissible, so long as you are abiding by the rules of the road.
It’s funny to see. An entire line of vehicles with drivers all attempting to avoid a DUI roadblock. It appears the understanding of the law is that people who turn off the road to avoid a DUI roadblock are to be left to proceed as they please.
Liberty, except when you don’t get liberty
We are told that we are free to live our lives as we wish within the confines of the law. In the U.S. the Declaration of Independence says that they have certain unalienable rights such as Life, Liberty and the Pursuit of Happiness. In Canada we have the right to life, liberty and security of the person. These rights are alienable, however. They can be taken away in accordance with principles of fundamental justice.
American’s don’t have the right to be secure, and Canadians don’t have a right to pursue happiness. Canadian’s rights can be taken away in accordance with principles of fundamental justice (whatever that means). This includes the right to liberty, such as you might have to avoid a DUI roadblock. In Canada the police pull vehicles over simply because they are suspicious vehicles for having avoided a DUI roadblock.
Departure from the road to avoid DUI roadblock
If there is a lawful exit on the road and you lawfully take that exit to avoid a roadblock or for any other purpose, there is nothing in law to stop you from doing so. A departure from the road to avoid a DUI roadblock is completely permissible, so long as you are abiding by the rules of the road. The big problem, however, is that the police in Canada will almost always view this as “suspicious activity.”
Here is where your right to liberty falls away to something broadly classed as principles of fundamental justice. In Canada the police are entitled and tasked with investigating suspicious activity. In the context of a departure from the road to avoid a DUI roadblock, police in Canada will typically station officers in patrol cars near any possible escape route to identify and pull over cars that turn away from roadblocks.
What if you’re not suspicious?
Personally I don’t want the police probing into my business. I don’t want them shining a flashlight in my car and I don’t want them to ask me questions that I’m not required in law to answer. I’m not interested in chit chat. I want my liberty and I want to be on my way. For me it’s an issue of privacy. Being pulled over simply because I don’t want an intrusion into my privacy at a DUI roadblock might make me look suspicious to the jaundiced eye of a police officer, but in my mind it’s the furthest thing from suspicious. I might have nothing to hide, but I still don’t want the police coming into my home. I have a similar feeling about my personal bodily integrity while I’m in my vehicle driving lawfully on a public road. GO GET A WARRANT!
In any event, the BC Government didn’t ask me my feelings on the matter when they passed the section of the Motor Vehicle Act that requires you to pull over and stop if a police officer signals you to do so. Regardless of the reason, if an officer signals you to pull over, you are required in law to comply.
What this means is that in BC if you depart from the road to avoid a DUI roadblock, the police will likely still pull you over. Moreover, in their mind they will be suspicious, because that’s what they’re taught which means you will likely be subject to yet more intense scrutiny. Chances are that your liberty will be more greatly infringed as the officer yells at you and detains you for a longer period because in their mind you must be a bad guy/gal.
You can avoid a DUI roadblock, but should you?
Can you avoid a DUI roadblock by turning off the road when you see one ahead? Yes, you are at liberty to make a lawful turn to avoid a roadblock. Nevertheless, we don’t advise that you do so unless you wish to invite significant police intrusion into your liberty and privacy. In most cases you’re better off to simply slip through with the least amount of chit chat. At a DUI roadblock in Canada you’re likely better off if you raise little or no suspicion.
And if you don’t turn away, you reduce the likelihood that the police will smash out your windows and taser you, which is more common than you might think.
Were you charged following a DUI roadblock? Call us free on 604-685-889 for assistance.