Some of the defenses that we utilize specifically in Georgia DUI Checkpoint cases are:
- Was there a legitimate purpose such as check for licenses, not general law enforcement?
- Was each vehicle stopped?
- Was the roadblock properly marked?
- Has a police supervisor approved the checkpoint?
- Was your detention brief and for the correct legal purpose?
The reality is that DUI roadblocks are common throughout our state, and our state is one of the harshest states regarding DUI Laws. If you get stopped at a roadblock, and an officer detects the odor of alcohol – even remotely – you will most likely be subjected to a DUI investigation.
DUI Roadblock cases are interesting because there is usually no evidence of impaired driving. This means that the case will be prosecuted in court by using the officer's observations of the accused driver. These observations include speech, breath, behavior, and performance of Georgia Field Sobriety Tests and/or Georgia DUI Breath and Blood Test results.
As you can see from above, there are many ways to defend against a Roadblock DUI. The accused driver is stopped at the checkpoint, and the officer has not observed any actual traffic violations or unsafe/less safe driving to infer alcohol intoxication. This is why no one should plead guilty to a DUI without first consulting with a Georgia DUI Attorney who can look into and investigate the validity of the roadblock involved in the case.
If there has been a violation of any of the requirements of a Georgia DUI Checkpoint, then an attorney can file a motion to suppress any and all of the evidence found in your particular case. This can lead to a complete and total dismissal of your DUI charge. It is imperative to have a skilled and experience DUI Lawyer who can properly and successfully defend your case.
Georgia DUI Penalties are some of the harshest in the country. We have very strict laws regarding driving under the influence. However, that doesn't mean that you have to suffer through them. The basis of our criminal judicial system is that everyone operates under the presumption of innocence until proven guilty beyond a reasonable doubt. Do not plead guilty before exploring all of your options. Contact us today.