Is it legal to turn away from a Pennsylvania DUI checkpoint

Yes, Pennsylvania drivers are legally permitted to avoid a DUI checkpoint—as long as they do so in a lawful manner and before entering the checkpoint area.

This exact issue was addressed by the Pennsylvania Supreme Court in Commonwealth v. Scavello, 734 A.2d 386 (Pa. 1999). In that case, a driver made a legal U-turn to avoid a DUI checkpoint. Police stopped the vehicle solely because the driver turned away from the checkpoint. After the stop, the officer discovered the driver was underage and had been drinking, leading to DUI and underage drinking charges.

However, the driver’s DUI defense attorney challenged the stop, arguing that police had no reasonable suspicion to pull the driver over simply for avoiding the checkpoint. The court agreed—and the case provides clear legal guidance for Pennsylvania drivers.

Avoiding a DUI Checkpoint is Not Illegal

In the Scavello case, prosecutors argued that:
✅ Drivers should not be allowed to avoid checkpoints
✅ Turning away from a checkpoint creates reasonable suspicion for a traffic stop

The Pennsylvania Supreme Court rejected both arguments. The Court ruled:

Because the driver in Scavello committed no traffic violations and showed no signs of criminal activity when turning around, the stop was ruled unlawful, and all evidence from the stop was suppressed.

When Can Police Legally Stop You for Avoiding a Checkpoint?

While simply turning around to avoid a checkpoint is legal, police can still stop your vehicle if they observe a valid reason to do so, such as:

Police often station officers near checkpoints to watch for vehicles that turn away. They can legally follow you, but cannot legally stop you unless they observe a traffic violation or other signs of criminal activity.

Know Your Rights at DUI Checkpoints in Pennsylvania

✅ You are not required to enter a DUI checkpoint
✅ You can legally avoid the checkpoint if you follow all traffic laws
✅ Police cannot stop you simply for turning away
✅ If you commit a traffic violation while avoiding the checkpoint, police can conduct a legal traffic stop

Arrested for DUI After Avoiding a Checkpoint? Contact an Experienced DUI Lawyer

If you were stopped and charged with DUI after legally avoiding a checkpoint, you may have a valid defense. An experienced Pennsylvania DUI attorney can review your case for unlawful police conduct and fight to suppress any illegally obtained evidence. The attorneys at JD Law have successfully defended thousands of DUI cases and understand the laws surrounding checkpoints and traffic stops.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.