Legal Requirements for Georgia Holiday DUI Checkpoints

As a Georgia DUI Lawyer, I will highlight what I consider the most important about DUI Checkpoints in Georgia. Checkpoints, also known as DUI Roadblocks, are typically higher in frequency during the holidays.

A DUI Checkpoint is best described as a police stop where local law enforcement set up on a roadway to stop vehicles to check for DUI drivers. Checkpoints are generally set up during times when drunk driving statistically is at its highest - for example, holidays.

Legal Requirements for Georgia DUI Checkpoints

There are, however, legal requirements that must be completed that make a DUI Checkpoint valid. These requirements include:

• The roadblock must be setup for a legitimate purpose.  That means it cannot be just for general law enforcement purposed. 
• The decision to implement the roadblock must be made by a police supervisor.  Ordinary police officers cannot start their shift and simply decide to have their own roadblock. A supervisor must decide to have the roadblock and do it in a way meets the requirements of legitimacy listed above.
• Every vehicle must be stopped.  They cannot selectively enforce the law or target any particular person, racial group, or sex.
• The roadblock must be well-identified and clearly marked.  It must inform drivers where it is located and for what purpose.
• The officer that comes to your window must actually be trained in DUI Detection.  The officer must be trained sufficiently to make the initial determination that the driver should be suspected of being DUI.
• The roadblock must not be randomly placed or a moving or roving roadblock.
• The roadblock cannot create an unreasonable burden on drivers and businesses.

Practice Note

If you or a loved one has been arrested for DUI in Georgia as the result of a Georgia DUI Roadblock, contact our offices today. If the arresting officers did not follow the above-listed requirements, then a Georgia DUI Attorney can possibly get the evidence suppressed. The suppression of the evidence can possibly lead to a complete dismissal of the DUI charge.

Contact us today.