Even if you’ve only have had a glass of wine with dinner, a DUI checkpoint is rarely a welcome sight. In Georgia, these checkpoints are perfectly legal, and police use them to identify and arrest drivers who have had too much to drink. However, the police must abide by specific guidelines when stopping drivers at these checkpoints. Any misstep by the police at a DUI checkpoint can result in the dismissal of charges—even for those drivers with blood alcohol levels that are over the legal limit. Below is an overview of the guidelines that police must follow when conducting DUI checkpoints in Georgia.
DUI checkpoint guidelines
Police in Georgia must follow these guidelines when conducting traffic stops at DUI checkpoints:
- The checkpoint must be supported by the judicial system.
- The checkpoint must be a part of an ongoing plan to decrease inebriated driving.
- There must be predetermined, uniformly applied guidelines for operating the checkpoint.
- The location of the checkpoint may not be random.
- There must be a warning leading up to the checkpoint.
- There must be a visible police presence at the checkpoint.
- If chemical tests will be administered at the checkpoint, transportation of samples to a chemical testing site must be quick and efficient.
- Any changes to the checkpoint must be documented in advance of the changes.
- The method of determining driver intoxication must be standardized prior to the establishment of the checkpoint.
- The police must provide warnings to the public about the checkpoint prior to its establishment so drivers may choose an alternate route if desired.
- The police should request feedback from the drivers who are stopped at the checkpoint to determine whether the checkpoint is effective.
Were you arrested at a DUI checkpoint in Georgia?
If you are facing a DUI charge based on an arrest at a DUI checkpoint in Georgia, it is quite possible that the police who arrested you failed to adhere to the above guidelines. However, in order to demonstrate to the court that the police violated your rights during your arrest, you need an experienced Georgia DUI attorney on your side.
Contact our Atlanta, Gwinnett County & Suwanee DUI Attorneys
A DUI conviction can affect your ability to drive, find employment, obtain certain loans, and even attend school. In other words, a DUI charge is not something you should take lightly. Therefore, if you’ve been charged with a DUI in Georgia, you need to hire an experienced Georgia DUI attorney immediately. At Carter Pilgrim, located in Suwanee, we specialize in DUI law and have a long and impressive track record of DUI defense success. We are well known for our courtroom success and our ability to obtain favorable plea bargains and dismissals. If you’re facing a DUI charge in Georgia—don’t delay. Contact us as soon as possible for a consultation.