What Rights Do You Have at a DUI Checkpoint?

Authorities use DUI checkpoints to help reduce instances of driving under the influence of alcohol or drugs.

For years, there has been speculation about whether these sobriety checkpoints violate a person’s constitutional rights based on unlawful stop and search.

There’s also a debate about whether or not law enforcement can use the DUI checkpoint to charge someone with DUI (driving under the influence).

At the Law Offices of Matthew C. Hines, our Atlanta Criminal Defense Attorneys understand that these checkpoints can be intimidating.

We are here to help anyone arrested for impaired driving at a checkpoint or who has questions about the legality of the search they were exposed to.

Learn more about DUI checkpoints and your legal rights in Atlanta and the state of Georgia here.

Table of Contents

• Requirements Must be Met at DUI Checkpoints
• Authorities at DUI Checkpoints Are Looking for Specific Signs
• Is It Possible to Avoid Going Through a DUI Checkpoint?
• Tips to Refuse a DUI Checkpoint Stop Without Self-Incrimination
• What Should You Do if You Are Arrested for a Georgia DUI?
• Defending a DUI Arrest Made at a DUI Checkpoint
• Don’t Wait to Contact Our Atlanta Criminal Lawyer for Assistance with Your DUI Charge

Requirements Must be Met at DUI Checkpoints

According to the Georgia Supreme Court, DUI checkpoints in the state are legal if they meet certain standards.

The standards that must be met include:

• A police department supervisor must approve the place and time of the DUI checkpoint.
• The purpose of the checkpoint must be specific, such as checking for drunk drivers, checking licenses, etc.
• Law enforcement officers must mark the checkpoint, and minimal delays for drivers must be presented.
• The roadblock must be part of an ongoing effort to reduce the amount of impaired drivers on the road.
• There should be a warning that a roadblock and a checkpoint location ahead.
• The police officers' presence must be noticeable when approaching the checkpoint process.

Authorities at DUI Checkpoints Are Looking for Specific Signs

As your vehicle moves through a DUI checkpoint encounter, you will be required to stop. However, only some drivers will make law enforcement officers suspect drunk driving.

If the law enforcement officer sees signs of impairment, they will request you pull over for further investigation.

Some evidence of impairment the law enforcement officials will look for to justify asking you to pull over include:

• Poor coordination
• Smell of alcohol
• Bloodshot eyes
• Slurred speech
• Alcohol containers in your vehicle

Is It Possible to Avoid Going Through a DUI Checkpoint?

The answer to this is – it depends.

If you know about the checkpoint in advance, you can go down a side street to avoid the checkpoint. However, make sure you do not make an illegal u-turn and make sure that your actions don’t raise suspicion or break any traffic laws.

In situations where you show erratic driving or if an officer thinks you are driving impaired, they may follow you and pull you over.

Tips to Refuse a DUI Checkpoint Stop Without Self-Incrimination

If a police car follows you after you make a legal maneuver to avoid a DUI checkpoint search, the best thing you can do to have a smooth interaction is to stay quiet.

Provide the police with your name and address, but never admit to evading the checkpoint.

Sometimes, DUI checkpoints look like accident scenes, and people look for an alternate way to their destination to avoid a delay.

You should only get out of your vehicle if the police request that you do this.

This is the initial step in proving “seizure” and the police officer’s ability to have dominion over you.

If this happens, it implicates the Georgia Constitution, Paragraph XIII, and the United States Constitution’s Fourth Amendment.

If possible, have your phone’s camera recording to capture your conversation and the tone of voice the officer uses.

Doing so will help your criminal defense lawyer win a suppression motion if you face legal consequences.

Do not attempt a field sobriety test or agree to let the officer “check your eyes.”

You should not participate in any field tests or other evaluations.

This includes following something with your eyes or taking a portable breathalyzer test to check your blood alcohol level.

You have the right to say no.

It’s recommended that you are polite but firm.

Most officers don’t follow the guidelines for standardized field sobriety testing.

As a result, you should not expose yourself to a flawed process.

What Should You Do if You Are Arrested for a Georgia DUI?

If the police suspect you are impaired, they will likely arrest you.

Remember to remain quiet and say as little as possible through the arrest and booking process.

When you say anything, the police may claim your speech was slurred, thick-tongued, or use some other subjective description to imply intoxication.

In the state of Georgia, DUI laws don’t allow you to contact a DUI attorney.

It’s important to understand that if you submit to an alcohol breath test, you also have the right to have an independent blood alcohol concentration test conducted by your chosen provider or hospital. However, you must cover the cost of this test.

If you refuse the breath testing, you may face a license suspension for a year or revoke your privilege to drive in the state for the year.

Additionally, since 2006, an officer has the right to seek a forcible blood alcohol content draw warrant to conduct a blood test, even if you have refused.

Defending a DUI Arrest Made at a DUI Checkpoint

If you are arrested for DUI at a DUI police checkpoint, be sure to contact an experienced attorney for assistance when you are released or to have a family member do this for you.

Once you have legal representation, your lawyer can get the instructions the police must have on them when establishing a DUI checkpoint.

They will work to prove that the checkpoint failed to meet the established rules and that the charges against you should be dropped.

Some of the other defense strategies you may be able to challenge a DUI arrest that occurs at a DUI checkpoint include:

• Determine if the authorities provided adequate notice of the presence of the DUI checkpoint to the public.
• Prove the officer did not have reasonable suspicion to detain you.
• When detained at the checkpoint, take note of whether the motorists being detained were of a specific age, race, or gender.
• Proof that the location of the checkpoint was unsafe for drivers or that there was no way for them to avoid the checkpoint

DUI defense in Georgia can be challenging.

Your first step is to hire an experienced drunk-driving attorney.

Don’t Wait to Contact Our Atlanta Criminal Lawyer for Assistance with Your DUI Charge

Any criminal charge can be stressful.

You may wonder where to turn or what you can do to protect your rights and reduce the potential of a significant penalty.

Depending on the circumstances and your record, DUI convictions may result in jail time, significant fines, and other penalties.

Another potential consequence of a DUI conviction could prevent you from getting certain jobs.

At the Law Offices of Matthew C. Hines, our Atlanta legal professionals can provide you with the quality defense services you need.

The first step is to schedule a free consultation with an expert lawyer for legal advice.

We will review your case and work to gather evidence to help you avoid the serious penalties that come with a Georgia DUI conviction.

Click the link below to schedule a free consultation today.

Learn More → Atlanta Criminal Defense Lawyer