(404) 816-4440

Blog

About Richard Lawson

Georgia DUI Checkpoints & How They Affect You

Posted by Richard Lawson | Jun 01, 2018 | 0 Comments

If you were arrested for driving under the influence (DUI) as a result of a DUI checkpoint, it is important to know not only your rights but the requirements of such a checkpoint under Georgia law. While DUI checkpoints are generally considered lawful in Georgia, if they do not meet the specific legal requirements your charges may be dropped.

You may be able to challenge your DUI charge. An experienced Georgia DUI attorney can fight for your rights.

Legal Requirements

Certain requirements must be met or a DUI checkpoint in Georgia is unconstitutional. Law enforcement cannot simply place a DUI checkpoint any time or place they want. The decision as to where to place the roadblock must be made by a supervisor, not field officers. DUI checkpoints must also be for a legitimate purpose. Checkpoints may not be placed for the purpose of general law enforcement, but must be to find and prevent specific crimes such as driving under the influence of drugs or alcohol.

A checkpoint must be properly marked and officers must be in uniform. Law enforcement may not unreasonably delay traffic. Every vehicle must be stopped, but not every vehicle must be pulled over for any further search or investigation. Random stops are not permissible at a Georgia DUI checkpoint. The officers screening at the checkpoint must have adequate training and experience to determine whether drivers are driving under the influence.

If a DUI checkpoint fails to meet any of these requirements, it may be held unconstitutional by a Georgia court.

What Are They Looking For?

When law enforcement stops your car at a DUI checkpoint, they are looking for certain indicators which suggest a driver is under the influence of drugs or alcohol. These indicators include:

  • Bloodshot eyes
  • Slurred or incoherent speech
  • Decreased motor function (e.g. fumbling with keys, license, or registration)
  • Inability to answer simple questions
  • The odor of drugs or alcohol
  • Bottles of alcohol, drugs, or drug paraphernalia which are in plain view.

If law enforcement observes one or more of the above they may investigate further, including the use of field sobriety tests or chemical tests.

Can I Avoid a DUI Checkpoint?

Normal driving that happens to avoid a DUI checkpoint does not justify a stop by law enforcement. However, any abnormal or suspicious driving a driver takes to avoid a roadblock gives an officer reasonable suspicion of criminal activity to initiate a stop of your vehicle.

For example, assume a DUI checkpoint is two blocks ahead of you. You notice it and decide to turn right at the next intersection, you properly signal, and you drive in a reasonable way all the way through the turn. Police may not pull you over for legal driving.

If instead you see a DUI checkpoint ahead of you on a road with no way to turn, quickly pull a U-turn without signaling, and drive away, a police officer can pull you over under suspicion of avoiding the DUI checkpoint.

Consult With Your DUI Attorney

If you have been arrested as a result of a DUI checkpoint, it is important to know your rights and whether those rights were violated. Contact an experienced Georgia DUI attorney and fight back against your charges. Contact us for a free consultation before you lose your right to drive.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Choosing the Best DUI Lawyer

Richard lawson logo

When you are arrested for DUI in Georgia, finding the right Lawyer is Job #1. At the Law Offices of Richard S. Lawson we will investigate your case and find the best possible legal defense to your DUI in Georgia. You are in good hands with Richard Lawson and his associates. We will work tirelessly to help you while compassionately holding your hand throughout the entire DUI Defense Process.

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!