What You Should Know About DUI Checkpoints in Georgia

It’s Friday night, it’s late, and you’re just now making your way home from a party. You may have had a few drinks earlier, but it’s been hours since then, and you’re stone-cold sober. 

Ahead, you see a line of cars behind the tell-tale flashing lights of a DUI checkpoint. You start to sweat as you wonder just how badly you reek booze from the party you just left. What will you do if one of the officers asks you to step out of your vehicle? What are your rights when facing a DUI checkpoint in Georgia? If you’ve been stopped at a DUI checkpoint and are facing DUI charges, or are curious about the process in Georgia, keep reading to learn about your options. 

Are DUI checkpoints legal in Georgia? 

In 1990, the U.S. Supreme Court ruled that DUI checkpoints were considered to be legal and justified, and that they didn’t violate the Constitutional protections against illegal search and seizure. This happened during the case of Michigan v. Sitz, where the U.S. Supreme Court concluded that the pros of preventing drunk driving and subsequent accidents outweighed the cons of violating the Fourth Amendment, which protects citizens from unreasonable search and seizure. 

In the Peach State, the Georgia Supreme Court has laid down certain statutes that must be followed in order for a DUI checkpoint to be considered legal on our public roadways. The next time you spot a DUI checkpoint on the road, be sure to mentally go through the list of requirements for this roadblock in your head and determine if this DUI checkpoint is actually legal. 

What are the requirements for a DUI checkpoint? 

In order for a DUI checkpoint to be legal in Georgia, it has to meet the following requirements:

• The location of the checkpoint and the time it will be monitored must both be approved in advance by a police supervisor. This supervisor must also have the legal authority to make this approval. 
• The checkpoint’s purpose cannot be vague—it needs to be as specific as possible. Is the purpose of the checkpoint to inspect licenses, search for impaired drivers, or something else?
• The location of the checkpoint must be clearly marked in order to not catch drivers off guard and cause accidents. The checkpoint must also be organized in a way that causes minimum interruption to traffic flow. If the DUI checkpoint is causing enough backup that could potentially cause an accident, the temporary roadblock created for the checkpoint can be suspended until the backup is clear.
• Every vehicle must be stopped. Random checks are not legal.
• There is a minimum requirement of two uniformed officers at a DUI checkpoint. The amount of regular traffic around the DUI checkpoint will determine how many more personnel will be needed to maintain a steady flow around the temporary roadblock. 
• The officers stationed at the DUI checkpoint must have the proper training and experience in order to determine which citizens need to be stopped and administered a sobriety test.

You can review all of these requirements and more by reading the Georgia Department of Public Safety’s policy manual section 17.16, where all of these statutes are listed in greater detail.

What are my rights at a DUI checkpoint in Georgia? 

If you are asked to step out of your vehicle and take a field sobriety or breath test, you can opt out of participating in both of these tests. The fact of whether or not you’ve been drinking is not what matters at this moment. Breathalyzer tests and field sobriety tests are both notorious for being unreliable and producing false-positive results. And if you fail either one of these tests, you will immediately be facing worse consequences than if you had not taken the tests at all.

However, if you politely refuse to take these tests, the worst thing you can expect to happen is having your driver’s license suspended. Your declining of these tests won’t count against you in a court of law. If you work with an experienced DUI attorney, you should be able to get your driver’s license back in no time.

Arrested at a DUI Checkpoint? Get an Experienced Atlanta DUI Attorney

When you need Atlanta DUI legal services on your side, call on the experts at Mubeen Law. Our specially trained and certified DUI attorneys will be able to give you the representation and counsel you need after an arrest at a DUI checkpoint. We will research and explore every aspect of your case, and offer you guidance every step of the way. While we will work to avoid a trial, we will also defend your rights should your case make it to court.

If you are searching for a top-rated Atlanta DUI attorney, call on the team at Mubeen Law. If this is your first offense, we can give you a FREE consultation! Call us today to learn more: 404-872-4252.