Georgia DUI Law & Roadblocks
The purpose of a sobriety checkpoint or roadblock is to allow law enforcement to view drivers for indications that they may be driving while under the influence of drugs or alcohol. This can be done on virtually any public road including highways and freeways but there must be a legal reason for the location, such as the area has been shown to have a frequent amount of drunk drivers or the like.
Although Georgia DUI laws and the U.S. Supreme Court do provide for the legality of such checkpoints, law enforcement must still have a probable cause before arresting you on
DUI charges. If you are stopped at one of these checkpoints, you will be asked for your license and registration. Inquiries will also be made as to whether you have been drinking or not. While you do need to provide the documentation that is asked for, you are not legally obligated to answer questions regarding drinking and driving. In addition, you do not have to submit to any field sobriety tests by which an officer attempts to see if you are intoxicated or not.
At Zeliff | Watson, a seasoned DUI lawyer has extensive knowledge regarding the rules that must be adhered to in a sobriety checkpoint and knows how to ascertain if your rights were violated. Our actions are geared towards acquiring the information needed to mount the hard-hitting defense needed for a favorable outcome to your case.
Guidelines for Roadblocks in Forsyth County
Even if you underwent a breath or blood test, field sobriety tests or made incriminating statements, a sobriety checkpoint can give us the opportunity to fight your charges on other grounds. There are established guidelines that must be followed in order for your stop and any subsequent arrest to be valid. Pertinent questions include:
- Was each car stopped at the checkpoint or were vehicles randomly selected
- Did the checkpoint have adequate lighting and signage
- Were cars backed up waiting for other vehicles to get through the checkpoint
- Did law enforcement wear vests and identifiable uniforms
- Under what exact circumstances was chemical testing for intoxication done
Our firm has defended hundreds of DUI cases and understands what it takes to win when a charge is based on a sobriety checkpoint stop.
Contact a DUI attorney
if you have been arrested for DUI charges from a sobriety checkpoint stop.