Georgia DUI Roadblocks
Driving under the influence roadblocks are a popular tool used by Georgia law enforcement agencies in order to catch drunk drivers. Because the constitutionality of these check points has been called into question, DUI roadblocks must adhere to strict guidelines. If the police deviate from these guidelines, there is a good chance that your charges may be dismissed.
The guidelines for roadblocks were developed by the U.S. Supreme Court in order to minimize the impact they have on drivers’ Fourth Amendment rights against illegal search and seizure. One requirement is that the decision on when, where and how they are conducted must be made by supervising officers. This means that a few officers cannot just decide on a whim to operate a DUI roadblock and they are typically conducted in areas that have had a high number of arrests and alcohol-related accidents. The supervising officers must also determine the pattern that will be used to stop cars ahead of time, such as every car or every fourth car.
Georgia DUI roadblocks must also be publicized in advance. Typically, newspapers, news stations, and police websites will notify the public about the upcoming roadblock a week before it is conducted and they must also be visible to oncoming drivers. Flashing lights, warning signs, marked police cars, and uniformed officers can make them visible.
If you are stopped at a Georgia DUI roadblock, the officer may ask some questions in order to determine if you are intoxicated. He or she may also look in your vehicle for open alcohol containers. Should the officer believe you are impaired, he or she will bring you to an area where a series of field sobriety tests can be administered. If you fail these tests, you will be asked to submit to a breathalyzer test.
Fighting a charge after being arrested at a roadblock is possible. If an attorney suspects that your rights were violated, he or she may file a suppression motion. If this motion is granted, any evidence gathered during your arrest will be suppressed and the prosecutor may be left without a case.
To learn more about Georgia DUI roadblocks, please complete our online form today for a free initial case evaluation.
