In the state of Georgia, it is legal to set up DUI roadblocks. The Supreme Court has ruled that it is not unconstitutional to set up roadblocks and that they do not impede on your Fourth Amendment right against unreasonable search and seizure. However, there are still guidelines that law enforcement personnel must follow in order for Georgia DUI checkpoints to be legal. If these guidelines aren’t followed, then you may have a strong defense to fight Georgia DUI charges.
Georgia is required by law to follow these guidelines when setting up sobriety roadblock and checkpoints:
- The roadblock must be a part of an ongoing plan to decrease drunk driving.
- The judicial system must be in support of the roadblocks.
- There has to be predetermined guidelines for operating a DUI roadblock.
- The location of the roadblock cannot be random. It needs to be in an area where there is a specific reason for having the roadblock and it must be in an attempt to promote public safety.
- Before you reach the checkpoint there needs to be a warning that a roadblock is ahead.
- When you approach the roadblock, police presence must be noticeable.
- If medical test are going to be done, like a blood or urine test, then transportation to a chemical testing site must be fast and efficient.
- If a change is to be made to the roadblock, must be specifically documented in advance to the checkpoint.
- How to determine if a driver is under the influence must be standardized and determined before the roadblock is set up.
- The public needs to be aggressively warned about the roadblocks so they can avoid it if they want to.
- Feedback should be requested from drivers that are stopped during the roadblock to help decide if the roadblock is working.
It is Georgia’s job to prove that they have followed all of these guidelines. A knowledgeable DUI attorney in Alpharetta will know to check for these things when planning your defense. Your lawyer should realize that, if the DUI checkpoint didn’t follow the rules, the evidence collected against you might not be admitted in court.
If you have been charged with a DUI from a DUI roadblock checkpoint in Georgia, you should hire a DUI attorney immediately. At the Law Offices of Scott Miller, we can help you with your case. Call us today at 770-408-1001. Call us so we can get started on crafting a successful defense strategy today.
