Answer:
It is not illegal to turn around before a DUI checkpoint in New Mexico. However, doing so can look suspicious. It can also make things worse, especially if you were already breaking the law, where you made the turnaround, and other relevant legal details.
For example, it is illegal to violate NMSA § 66-8-114, which is the “careless driving statute.” If you peel away and accidentally hit a curbside and damage it, you could be pulled over by the police at the checkpoint. This could result in your having to face the checkpoint anyway on top of a careless driving charge.
In This Article
A drunk driving defense attorney serving central and northern New Mexico answers the following questions:
- When Is It Illegal to Turnaround Before a DUI Checkpoint?
- Can I Legally Exit the DUI Checkpoint Line in New Mexico?
- What Are My Rights at a DUI Checkpoint?
- What Should I Do If I Was Arrested After Turning Around at a DUI Checkpoint?
Let’s start by examining some circumstances that could give rise to situations where turning around before a DUI checkpoint is illegal in New Mexico.
When Is It Illegal to Turnaround Before a DUI Checkpoint?
There is no law prohibiting you from turning away from a DUI checkpoint, but there are laws regulating when and how you may do so. If you make an illegal turn or violate any other traffic law to avoid a sobriety checkpoint, you risk aggravating your situation. However, officers must have a reasonable suspicion that you are violating the law before conducting a traffic stop.
Examples of your actions that could lead to reasonable suspicion include:
- Crossing over roadway lines
- Driving through a traffic barricade
- Failing to yield
- Illegal U-turns
- Not activating turn signals when required
- Speeding
A police officer has the authority to pull you over at any time if you violate a traffic law. When they pull you over, they must have reasonable suspicion that you are violating the law. Give them no such opportunity and take a legal detour to avoid a checkpoint if that is the choice you want to make.
Related Article: How to Handle a DWI/DUI Checkpoint in New Mexico
Can I Legally Exit the DUI Checkpoint Line in New Mexico?
Yes, you may legally exit the DUI checkpoint line in New Mexico without having to give a reason. The only caveat is that the maneuver itself must be legal. For example, if you can turn right to enter a side street leading to your home, there is no reason why you should not be able to do so.
Law enforcement does not have the right to determine which route you drive. The police are not permitted to dictate your route. Turning around or making a turn is not illegal as long as you do not violate any traffic laws.
Regardless of your decision, driving away may result in a traffic stop. If you attract attention to yourself, an officer may follow you to determine if you make any errors or if you are impaired and attempting to avoid suspicion.
Related Article: New Mexico Marijuana DWI: What You Should Know
What Are My Rights at a DUI Checkpoint?
Generally, all drivers are required to stop and provide certain information to the officer manning the checkpoint at DUI checkpoints. In some cases, drivers can see a checkpoint far enough in advance to alter their course. As long as the driver does not violate any traffic laws in the process, avoiding a DUI checkpoint is not illegal in and of itself.
Miranda Rights (Only If Arrested)
In general, police officers are not required to read a Miranda warning to drivers who are passing through a DUI checkpoint. Only when police are conducting an interrogation of a suspect who is considered in custody is a Miranda warning required. According to the courts, DUI checkpoint stops do not qualify as custodial interrogations, and thus Miranda does not apply unless you are facing an arrest.
Breathalyzers and Field Sobriety Tests
Drivers are generally not required to submit to voluntary alcohol breath tests or standardized field sobriety tests (SFSTs). However, once officers make a DUI arrest, all states’ implied consent laws require the arrested driver to submit to a chemical test at the officer’s request. New Mexico’s Implied Consent Act under NMSA § 66-8-105 does require you to provide a breath sample upon request.
Related Article: What Happens If You Refuse the Breathalyzer Test?
What Should I Do If I Was Stopped After Turning Around at a DUI Checkpoint?
If you are the driver and you were stopped for turning around at a DUI checkpoint in New Mexico, then the police are alleging that you broke the law in some capacity. You may be required to give the officer your driver’s license, vehicle registration, and insurance as part of the traffic stop.
You are not obligated to engage in additional conversation not related to the scope of the stop. A traffic stop may result in a DUI charge. You should speak with a DUI defense lawyer with experience fighting these cases.
Remember: You Are Not Required to Respond to Any Questions
During a sobriety checkpoint, there are only four legal requirements. Apart from that, you are not required to answer any questions.
You are only required to furnish the following upon request:
- Your name
- Driver’s license
- Vehicle registration
- Proof of insurance
The police officer may continue to question you, but they may use your responses against you, so exercise caution. They may even introduce your statements into evidence in court.
Get a Free Case Strategy Session for Answers
You should not have to pay the consequences for a crime that you did not commit. Speak with a drunk driving defense lawyer in New Mexico at Grano Law Offices, P.C. during a Free Case Strategy Session at (505) 426-8711 or message us online through the contact form below. Our founder, Marc Grano, has years of experience and advanced training related to the defense of these charges.
