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DUI Checkpoints: Georgia DUI Lawyer Discusses Police Drunk Driving Road Blocks

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A citizen still has many Constitutional protections during a  roadblock in Georgia and the police must follow proper procedure.

First, the primary purpose of the roadblock must be to ensure that the driver and the vehicle stopped at the roadblock are fit to continue operating on the roadways.  This includes safety and equipment checks, driver’s license checks, and DUI investigations.

The secondary purpose can be for general criminal behavior, but the primary purpose must be for driver and vehicle safety and compliance with driving laws.

Additionally, the Georgia DUI Checkpoint must be approved by a supervisor for the law enforcement agency performing the roadblock.  For example, two police officers cannot on their own decide one afternoon to set up a roadblock.

Also, there must be Georgia DUI screeners present to handle any DUI investigations. Any driver suspected of driving under the influence of alcohol or drugs will be pulled over and the DUI screeners will investigate that driver further via Georgia DUI field sobriety tests.  The officers at the roadblock cannot randomly stop cars.  Either every car must be stopped, or a pre-determined number of cars must be stopped, for example, every third car that approaches the roadblock.  Law enforcement at a roadblock can decide to not stop cars for awhile for reasons such as traffic backup, but once they begin to stop cars again, they cannot do so randomly.

The roadblock must be clearly marked and there are other specific procedures that must be followed by law enforcement at the roadblock.

Avoiding roadblocks can result in losing some of the Constitutional protections given to drivers who are at the roadblock.  Primarily, if you take evasive action to avoid the roadblock and are pulled over, the primary purpose for pulling you over at that point does not have to be to ensure you and your vehicle are fit to continue driving. The reason is simple – by taking evasive measures to avoid the roadblock, you have provided law enforcement with reasonable articulable suspicion that you are engaged in criminal behavior.

Another popular question we receive is whether a Georgia driver who has consumed alcohol should submit to sobriety testing at a checkpoint.  It is important to remember that unlike with a regular DUI or DWI stop where the officer has observed you committing a driving infraction, with a roadblock, you were stopped simply for being at the roadblock and not for doing something that would give rise to a reasonable articulable suspicion to pull you over.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws.  Please Call or Email us about any questions you may have about DUI laws in Georgia and please remember your initial consultation is free of charge.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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