DUI roadblocks, also called sobriety checkpoints, are legal in Illinois and regularly set up throughout the Chicago area — especially during holidays or weekends when drinking and driving incidents tend to rise. If you find yourself approaching a checkpoint, knowing how to handle the situation can make all the difference in protecting your rights and avoiding unnecessary trouble.
Even if you haven’t had anything to drink, roadblocks can be stressful. Police are trained to observe everything from your speech to your eye movements, and any small mistake or nervous behavior might raise suspicion. Here’s what to know about how to conduct yourself during a DUI roadblock in Chicago.
Are DUI Roadblocks Legal in Illinois?
Yes. DUI checkpoints are permitted under Illinois law, but they must meet certain constitutional standards. Officers can’t just stop random cars without cause. The checkpoint must be announced publicly in advance, follow a neutral formula for stopping cars (such as every third or fifth vehicle), and be supervised by commanding officers. These guidelines aim to protect drivers’ Fourth Amendment rights against unreasonable searches and seizures.
That said, being stopped at a checkpoint is still considered a “seizure,” so your rights are still in play. You have the right to remain silent, the right not to consent to a search, and the right to speak with an attorney if you’re arrested.
What to Expect at a DUI Checkpoint
When you approach a roadblock, you’ll likely see signage, cones, and uniformed officers directing traffic. Expect to be briefly stopped and asked a few questions. An officer might request your driver’s license, insurance, and registration. They may also observe your behavior for any signs of impairment — slurred speech, bloodshot eyes, alcohol odor, or delayed responses.
If no signs of impairment are present, you’re usually sent on your way within a minute or two. But if the officer suspects you’re under the influence, they may ask you to pull over for further screening. That’s when the interaction becomes more serious.
Do You Have to Answer Questions at a DUI Roadblock?
No, you don’t have to answer questions beyond providing your basic identifying information. You are required to show your license and proof of insurance when asked, but you are not obligated to explain where you’re coming from, where you’re going, or whether you’ve had anything to drink.
If you’re asked, “Have you had anything to drink tonight?” you can politely say, “I prefer not to answer any questions.” Anything you say can and will be used against you later. Even saying you had “just one drink” may be used to justify further investigation.
Can You Turn Around to Avoid a Checkpoint?
Technically, yes. It’s not illegal to avoid a checkpoint by making a legal U-turn or turning down another street — as long as you obey all traffic laws. However, officers often station patrol cars nearby to follow vehicles that attempt to bypass the checkpoint. If you commit any traffic infraction while avoiding it (such as an illegal turn or rolling stop), that can give them legal grounds to pull you over.
Do You Have to Take a Field Sobriety Test?
No. In Illinois, field sobriety tests are voluntary. That includes the walk-and-turn, one-leg stand, and the horizontal gaze nystagmus test. You are not required to take these tests, and there is no penalty for refusing. In fact, many defense attorneys recommend politely declining because the results are subjective and often used to build a case against you.
You can simply say, “I respectfully decline to take any field sobriety tests.” If you’re arrested, your attorney can later challenge the legality of the stop and the officer’s observations.
What About the Breathalyzer?
This depends on whether you’re being asked to take a preliminary breath test (PBT) at the scene or a formal test at the station.
The PBT is the handheld breath test officers may use during a traffic stop. Like field tests, this is voluntary, and you can decline without immediate penalty. However, if you’re arrested and brought to the station, you may be asked to submit to a chemical breath test under Illinois’ implied consent law. Refusing that test can lead to an automatic license suspension, even if you’re never charged or convicted.
If you’re unsure whether the test is voluntary or not, ask the officer, “Am I required by law to take this test?” If the answer is yes and you refuse, be prepared for consequences related to your driver’s license.
Stay Calm and Know Your Rights
No matter how frustrated, scared, or confused you feel, remain calm. Don’t argue, raise your voice, or act aggressively. The officer is documenting everything — your words, your behavior, your attitude. Being polite and exercising your rights respectfully is always in your best interest.
If you’re arrested, don’t try to talk your way out of it. Don’t explain, argue, or try to negotiate. Simply say, “I want to speak with an attorney,” and stay silent. That is your constitutional right.
What If You’re Arrested at a Checkpoint?
If you’re arrested at a DUI checkpoint, the next steps are critical. You’ll likely be taken to a police station for further testing and booking. Your vehicle may be impounded. You may face administrative penalties such as license suspension — even before your first court appearance.
But an arrest is not a conviction. A skilled DUI defense attorney can review the legality of the checkpoint, challenge the officer’s observations, and fight to suppress evidence that was obtained unlawfully.
Call The Law Offices of David L. Freidberg If You Were Stopped at a DUI Checkpoint
If you’ve been stopped or arrested at a DUI roadblock in Chicago or the surrounding counties, don’t face the system alone. At The Law Offices of David L. Freidberg, we understand how police conduct DUI checkpoints and the defenses that work in court. We’re available 24/7 to protect your rights and guide you through every stage of the case.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We defend DUI cases throughout Chicago, Cook County, DuPage County, Will County, and Lake County.