As we go into the New Year's Eve festivities, and as a Georgia DUI Lawyer, I would like to highlight some important advice regarding drinking and driving. The Georgia State Patrol along with other local law enforcement agencies are also preparing to handle any issues or crimes that might occur.
Regardless of your plans, drinking and driving should not be included. The state of Georgia will stay on top of investigating any possible instances of DUI in Georgia.
This will be done by checkpoints or roadblocks as well as heavy monitoring of the roads. In today's post I will outline the necessary components of a sobriety checkpoint.
DUI Checkpoints in Georgia
Georgia DUI Checkpoints are subject to certain requirements. 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.
If these restrictions aren't fully met, then it is possible that the charges can be dropped because the checkpoint isn't valid and legal.
Practice Note
I will always emphasize and re-emphasize that under no circumstances should anyone drink and drive. But if you find yourself or a loved one arrested for DUI in the state of Georgia, contact our offices today.
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