If you drive in Georgia, you should know your rights at DUI checkpoints. Also known as sobriety checkpoints, these roadblocks are legal, but police must follow strict rules when conducting them.
The stakes are high, as a DUI arrest can impact your freedom, finances and future. Understanding what police can and cannot do at checkpoints helps protect your rights and guides your actions if stopped.
Rules that police must follow
Georgia law enforcement must meet specific requirements. DUI checkpoints can’t be random and require advance notification. Some of the key requirements police must follow include:
- Supervisors, not field officers, must plan and approve checkpoints
- All vehicles must be stopped, not random selections, such as every third car
- The location must be clearly marked as a police checkpoint
- At least two uniformed officers must be present
- Delays to drivers must be minimal
- Officers must have proper training to screen for intoxication
- Night checkpoints need extra lighting and four officers minimum
While checkpoints aim to reduce drunk driving, debates continue about their effectiveness. Some studies show they reduce alcohol-related crashes, while critics question if they justify the resources used.
What drivers should know when approaching checkpoints
You can avoid a roadblock by making a legal turn before reaching it. However, making an illegal turn or violating traffic laws will likely lead to a stop. If you enter the checkpoint, you must stop when directed and show your license.
If arrested, remember these points:
- Remain calm and polite and comply with the officer’s instructions
- Don’t answer questions about drinking
- Request an attorney immediately
- You can refuse field sobriety tests without immediate penalties
- Refusing a chemical test (breath, blood or urine) results in a one-year license suspension
It’s also essential to document everything you remember about the stop and share that information with your lawyer.
How can an attorney help?
A DUI defense attorney becomes your advocate in fighting checkpoint arrests. They investigate whether police followed all required procedures and look for possible violations of your rights. Your attorney will examine whether the checkpoint met all legal requirements, whether officers had proper training and whether officers conducted tests correctly.
When police make mistakes or violate procedures, your attorney may get evidence thrown out or charges reduced. Even if the case seems strong, skilled DUI defense lawyers can often secure better outcomes through plea negotiations or alternative sentencing options. The key is getting legal help quickly to protect your rights and explore all defense options.