Are DUI Checkpoints Illegal in Georgia? What Should I Do if I Am Detained at a Georgia DUI Checkpoint?
These are the 4 most common DUI client questions about GA DUI checkpoint illegal stops:
- At an Atlanta DUI Roadblock, do I answer questions or take a breath test at a DUI checkpoint in Georgia?
- Should I take field sobriety tests?
- Should I take the breathalyzer, or should I refuse the breath tests?
- If I am stopped at a GA DUI check-point, what are my legal rights?
A DUI checkpoint, or sobriety roadblock, in Georgia is a means of a police officer coming into contact with drunken drivers or DUI drugs drivers who have not committed a “moving” traffic offense. Nor have these suspected impaired drivers been pulled over for an equipment defect (e.g., missing headlight) that are visible to police. Presumptively, under Fourth Amendment analysis, your Georgia DUI checkpoint MAY NOT be constitutional. By NOT incriminating yourself and by exercising your legal rights under the 5th Amendment and the Fourth Amendment, you highly increase your chances of winning your DUI checkpoint case.
When an officer starts barking questions at you, your first inclination will be to ANSWER QUESTIONS. DON’T do that. Only your NAME and your ADDRESS are required in America. Nothing else. Resist the urge to talk, because the officer’s questions are geared to incriminate you.
Second – NEVER take ANY field sobriety tests of your eyes, your balance, your memory or anything else that may be offered. All roadside “evaluations” are OPTIONAL, VOLUNTARY and most important, DESIGNED TO INCRIMINATE YOU. Handheld, portable breath tests commonly used at many DUI checkpoints are also OPTIONAL and VOLUNTARY, just like the roadside agility exercises.
NEVER agree to take any tests, and do not START to submit. Do not take the hand-held breathalyzer. Politely decline all roadside tests at a DUI checkpoint.
Third – your legal rights at a DUI checkpoint are pretty much limited to what is shown above. In GA, you cannot call a DUI attorney for guidance, because you are not yet in custody. Even if you are arrested for DUI, the law enforcement officer who is transporting you to jail will not be letting you use your cell phone to call a Georgia DUI lawyer, so you BETTER KNOW YOUR RIGHTS.
Finally, call the best DUI lawyer in Georgia at your local criminal court city. Call TEAMDUI.com at 1-844-TEAMDUI [1-844-832-6384].
As soon as you get a chance to call a Georgia DUI lawyer, make the call to TEAMDUI. It is an easy number to remember: 1-844-TEAMDUI. Unlike most private law offices, we will answer your call 24/7 and give you advice immediately, so long as we have a secure private line to speak to you.
Copyright 2015. William C. Head. All Rights Reserved.