Can I Avoid a Georgia DUI Checkpoint? What happens if I turn around and go the other way?
Most roadblock locations have been chosen by a supervisor to NOT allow any turnoff street or apartment entrance “escape routes” for oncoming drivers. This way it will be awkward, if not impossible, to make a “legal” turnaround, to not pass through the DUI checkpoint.
In simple terms, so long as you can make a proper, legal maneuver on the roadway, and not impact other traffic, you MAY turn around (or down an adjacent street) and avoid the DUI checkpoint. If pursued and pulled over, such pullovers may violate the Constitution. If no law has been broken, the warrantless seizure by use of emergency lights is illegal. So, Georgia DUI roadblock turnarounds can be justified and defended in court.
The first question is typically, “Why did you try to avoid the safety checkpoint?” Advise the officer that you saw what seemed to be an accident scene down the road, and did not want to be delayed. Then, give only your name and address, and no further statements about where you were going to or coming from. Especially DON’T talk about your consumption of alcohol or drugs. Don’t admit ANYTHING.
Criminal defense attorneys in GA who specialize in DUI defense know the typical DUI checkpoint locations in their area of Georgia. Safety checkpoints cannot be established on Interstate highways, so expect to be pulled over on artery highways that may lead to an interstate or other major roadway, like Georgia 400 in Atlanta. Many DUI checkpoints are set up near recreational areas like lakes and Georgia state parks.
For example, after an Atlanta Falcons football game in Atlanta, the Georgia State Patrol Nighthawks, special DUI task force — which is usually located near the Buckhead Five Points area near Roswell Road, Piedmont Road and Peachtree Road will relocate to main roads leaving the sports or entertainment venue. They will let most heavy traffic clear for a while, after the game finishes before establishing several road blocks in Fulton County, Dekalb County, Gwinnett County and Cobb County, plus other counties along major highways (like Georgia 400 or Ga Highway 316). These DUI checkpoints yield hundreds of arrests after each game — day or night.
Atlanta (Fulton County) likely has the greatest number of DUI checkpoints established in GA each year, but sports events create aggressive enforcement of police officers in setting up these random checkpoints, or roadblocks.
Atlanta-based criminal defense lawyer William “Bubba” Head started TEAMDUI.com in order to provide important information about these types of DUI checkpoint legal questions under Georgia law.
Mr. Head has been practicing in metro Atlanta for two and a half decades, with his main office currently at the Concourse V Building (the Queen Building) in Sandy Springs (Fulton County), and has multiple satellite office locations in Marietta and Smyrna in Cobb County, Duluth (Gwinnett County), Decatur (Dekalb County), downtown Atlanta (Fulton County), Alpharetta (Fulton County), on the east side of Atlanta in Conyers (Rockdale County), on the south side of Atlanta, in McDonough (Henry County), and further east, out GA HWY 316, in Athens (Clarke County). Outside of metro Atlanta, the other TEAMDUI.com regional affiliates in Valdosta, Douglas, Hinesville, Savannah, Augusta, Toccoa, Tifton, Macon, Thomasville, Blakely, Columbus, Newnan, McDonough, Carrollton, Dalton, Dahlonega, Statesboro and Atlanta provide aggressive, local criminal defense and DUI defense legal services. All of these attorneys were hand-picked to be in TEAMDUI.com by Mr. Head.
Let us HELP YOU. Call TEAMDUI.com at 1-844-TEAMDUI [1-844-832-6384] and locate a superb GA DUI attorney.
Copyright 2015. William C. Head. All Rights Reserved.