Whenever there is a large event or big holiday weekend, I like to outline roadblocks or Georgia DUI Checkpoints.
Checkpoints are locations where officers are stationed to check drivers for any signs of intoxication or impairment. The whole purpose is to deter drunk driving.
As a Georgia DUI Lawyer, I will outline some of the legal requirements behind a DUI Roadblock in Georgia in today's post.
DUI Roadblocks in Georgia
In most states including Georgia, police officers running roadblocks are required to follow certain protocol. The decision to set up a roadblock must be made by supervisory personnel, rather than officers in the field.
There are procedures that have to be followed in order to operate the roadblock. The roadblock must have a legitimate purpose. All vehicles must be stopped. The delay to drivers must be minimal, and the roadblock must be identified as a police checkpoint.
Any prolonged detention of a vehicle must be based upon specific, articulable facts observed by the officer. If proper protocol was not followed in initiating and executing the roadblock, the entire stop is illegal.
Your case case can be dismissed if the police do not handle the roadblock in a legally acceptable manner.
Another point, as a Georgia DUI Attorney, I would like to point out is that drivers can also be stopped when an officer suspects that they were attempting to avoid a nearby roadside checkpoint.
If you or a loved one has been arrested for a DUI in Georgia, contact us today.
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