It's important to know that if you were arrested for driving under the influence (DUI) as a result of a DUI checkpoint, there are requirements of such checkpoints under Georgia law. While DUI checkpoints are generally considered lawful in Georgia, if they do not meet the specific legal requirement, then they will not hold and your charges may be dropped.
The following are legal requirements that a DUI Georgia Roadblock needs to meet:
- A supervising law enforcement officer must decide the place of the roadblock.
- DUI checkpoints must also be for a legitimate purpose.
- Checkpoints must be placed in order to prevent specific crimes such as driving under the influence of drugs or alcohol.
- A checkpoint must be properly marked.
- All 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.
These are just some of the requirements of a DUI checkpoint. There are others that provide defenses to your DUI arrest. Even if you think a checkpoint is unlawful, it is important to always comply with the “rules” of a 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, 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.
Holidays are the most popular times for police officers to set up roadblocks or checkpoints in popular, well-populated areas. Supervising officers have been planning for this day for months. There tends to be a spike in DUI arrests during the July 4th celebrations every year.
If you or a loved one has been charged with a DUI in Georgia, contact us today. We can investigate the specifics of your arrest and see what Georgia DUI Defenses apply to your case. The state of Georgia has the burden of proving you guilty beyond a reasonable doubt, so you have the presumption of innocence. We will fight for your freedom and your rights. Contact us now.