Are Georgia DUI Road Blocks Unconstitutional?

As a citizen of the United States, you are protected from unreasonable searches and seizures by the Constitution. However, in an effort to crack down on the number of drunk drivers, the federal government ruled that DUI road blocks are in fact legal. On the other hand, Georgia law enforcement officers cannot set up a DUI road block any time, anywhere. The federal government has guidelines that must be followed.

For instance, law enforcement officers need a valid reason for setting up a DUI road block. One example is if there is a high number of DUI arrests in a particular area. Secondly, the location and date of the road block will need to be announced to the public before it is set up. Lastly, police officers will be required to follow protocol for deciding which vehicles will be stopped.

During the sobriety checkpoint, the officer will ask you for your vehicle registration and driver’s license. They will also likely ask you where you are traveling from and if you had any alcohol. You may politely decline to answer these questions as your answers may be used against you in court. If the officer suspects that you have been drinking alcohol, they will ask you to pull your vehicle over to the side of the checkpoint.

If you were given a breath test or field sobriety test and you failed, this does not mean that you should automatically plead guilty. There are many possible defenses to DUI cases, and the same is true during a DUI road block. For instance, if police did not follow proper protocol to set up and maintain the road block, any evidence that they may have collected to use against you could be ruled inadmissible in court.

This is why it is so important to contact an experienced DUI defense attorney. A skilled lawyer will review every detail of your case, looking for weaknesses in the prosecution’s case. Remember that you are innocent until proven guilty and your attorney is the only thing standing between you, DUI conviction and a long list of harsh penalties.

Get a Free Case Evaluation Right Now!