DUI Checkpoints in Georgia

 

A DUI checkpoint in the state of Georgia is when police officers set up a roadblock at a predetermined fixed location in order to find people who are driving while impaired with alcohol or drugs.

 

It is believed that these checkpoints will increase people’s perceived risk of DUI arrest in Georgia and deter them from driving under the influence. The most common time for these checkpoints is late at night, early in the morning, and on weekends, when statistics show that a higher number of people will be drinking and driving.

 

Are DUI Checkpoints Constitutional?

 

The constitutionality of DUI roadblocks was upheld by a 5 to 4 vote in the 1990 Michigan v. Sitz case in the U.S. Supreme Court. The Justices felt that DUI checkpoints did not constitute an illegal search and seizure because their sole purpose was to detect and reduce DUI, something seen as being in the public interest.

 

However, citations for things like out-of-date registrations, expired driver’s licenses, tinted windows, and defective tail lights are also made at DUI checkpoints, calling into question that “sole purpose.” This issue is further clouded by the fact that local governments make money off of the fees brought in from these unrelated citations. On top of this, DUI checkpoints just aren’t that effective. Officials have known for years that roaming patrols are far better at arresting people for DUI.

 

Because of this, a number of legal experts still believe that the Supreme Court’s decision was incorrect, calling it “the DUI exception to the Constitution.” 11 states have even gone so far as to outlaw DUI checkpoints, but unfortunately Georgia is not one of these states, so a Georgia DUI checkpoint is legal.

 

What to Do If You Are Stopped

 

If you are approaching a DUI checkpoint, you may be tempted to try to avoid it, but be careful. By Georgia law, taking evasive measures to avoid a roadblock gives police officers probable cause to pull you over on the suspicion that you are engaged in criminal behavior.

 

Once at a Georgia DUI checkpoint, treat it like you would any other police encounter in your vehicle. Pull over, roll down your window to speak with the officer, and remain calm and polite. Keep your hands where they can be seen at all times and don’t make any sudden movements.

 

You must provide the officer with your name, address, license, insurance, and registration information by law, but beyond that you do not have to say anything. In fact, saying nothing is one of the best defenses you can have in this situation, since officers are trained to intimidate you into telling them if you’ve been drinking and how much. Your best bet is to simply refuse to say anything. If they get pushy, ask to speak with your lawyer, but always keep cool and stay polite.

 

If the officer suspects that you might be intoxicated, he or she will probably ask you to take a field sobriety test. They won’t make it sound like you have a choice, but you do. These kinds of tests are not legally required, and you can and should refuse to take them since whether you pass or fail will be based entirely on the officer’s subjective opinion. In fact, most Georgia DUI lawyers will tell you that these tests are designed for you to fail. Simply decline – again, be polite – and say that you would like to speak to your attorney. Even if they arrest you at this point, not taking the field sobriety test, limits the evidence they have against you.

 

Unlike field tests, do not refuse to take a BAC test. Georgia has implied consent laws that say you agree to these tests simply by driving, and refusing could lead to automatic penalties.

 

If You Are Arrested at a Georgia DUI Checkpoint

 

Tell the arresting officer that you want to speak to an attorney as soon as you reach the police station. Don’t worry about annoying them if you already asked earlier, repeat your request and refuse to answer any further questions.

 

If you weren’t given a BAC test at the checkpoint, it is very likely you will be asked to take one here. Even if you fail the BAC, you have options. An experienced Georgia DUI attorney knows that the results of BAC tests can be incorrect for any number of reasons, such as improper usage of the test, incorrect machine calibration, and differences in your body physiology. If you want to go over your options, consult an experienced Georgia DUI lawyer as soon as possible.