As a Georgia DUI Lawyer, I am familiar with just how often DUI checkpoints are set up in the state. The frequency of checkpoints greatly increases during holiday weekends - especially holiday weekends where a lot of drinking and partying is to be expected. One of the most popular weekends is 4th of July weekend.
Even though DUI checkpoints are legal throughout the state of Georgia, there are rules and procedures that must be followed.
In today's post, I will outline the restrictions placed on Georgia DUI Checkpoints.
DUI Checkpoint Restrictions
A DUI Checkpoint is subject to the following restrictions:
- The DUI checkpoint must be setup for a legitimate purpose - the checkpoint cannot be for generalized law enforcement.
- The decision to implement the checkpoint must be made as well as approved by a police supervisor.
- Every vehicle must be stopped - there can be
- The checkpoint must be well-identified and clearly marked.
- The officers must be trained DUI Detection.
- The checkpoint must not be randomly placed or a moving checkpoint.
- The checkpoint must not create an unreasonable burden on drivers and businesses.
It is important for you to know that if you or a loved one have been arrested for DUI in Georgia as the result of a checkpoint - there is still hope for your case.
Most people believe that if they are arrested at a checkpoint, then their case might as well already be decided. This could not be further from the truth. As you can see in the list above, the standards are relatively strict for a checkpoint to be deemed as legal and acceptable. Not every checkpoint follows the procedures they are required to by law.
If you find yourself at a DUI checkpoint, you will be asked to provide your drivers license and registration and you will probably be asked whether you have been drinking.
You are required to provide your license, registration, name and address, but you are not required to answer any other questions past that. While the officer is reviewing your paperwork he or she is also looking for other indicators of intoxication.
Many arrests at checkpoints are due to the over-sharing of information with the police officer. Again - you are only required to provide your basic information. If you or a loved one has been arrested as the result of a checkpoint, contact our offices today. Contact a Georgia DUI Attorney today.