Georgia DUI Checkpoint

Georgia uses driving under the influence (DUI) checkpoints, or road blocks, in an effort to crack down on drunk driving. Because of questions regarding the constitutional rights of those stopped at a checkpoint, strict guidelines must be followed by the law enforcement agencies that conduct these roadblocks. If you were recently arrested after being stopped at a Georgia DUI checkpoint, you should contact an experienced defense lawyer as soon as possible.

In order to conduct a sobriety checkpoint, the law enforcement agency must have a legal basis for it, such a high number of drunk drivers stopped in a certain area. The checkpoint location and date must be announced to the public beforehand, in an effort to deter people from drinking and driving.

At the checkpoint, there must be plan for which vehicles will be stopped (i.e. every car or every third car). Deviation from the plan and the reason for the deviation must be reported. In order to arrest someone for DUI, the officer must have probable case. In addition, the checkpoint has to be approved by a supervising officer.

If you are stopped at a DUI checkpoint, the officer will ask for your driver’s license and registration. You may also be asked if you had anything to drink that night. While you are required to hand over your documents, you do not have to answer any other questions. In fact, admitting that you have had something to drink may result in a DUI arrest.

When checking your documents, the officer will also look for signs of impairment: slurred speech, fumbling with your documents, open containers of alcohol, the smell of alcohol in the vehicle, and admitting to consuming alcohol.

An attorney who is experienced with DUI law will immediately investigate the DUI checkpoint to see if the proper procedures were followed. If there were errors with the DUI arrest during a roadblock, your attorney may challenge the legality of DUI evidence and arrest.

To learn more about fighting your DUI charges after a sobriety checkpoint, contact the DUI defense lawyers at The Willis Law Office today.