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Georgia DUI Roadblock Laws and Guidelines

While it is legal for states to set up sobriety checkpoints, there are many guidelines that must be followed in order to keep them from becoming invasive. In an effort to assist states with this process, the National Highway Traffic Safety Administration decided to issue a report of guidelines in order to follow state and federal legal decisions.

First, law enforcement officers must set up sobriety checkpoints in the interest of public safety. These strategically selected locations are to be chosen for a specific objective, such as decreasing the number of drunk driving-related accidents in certain areas where there has been a high volume of auto accidents. The judge who presides over the jurisdiction and the public should also be informed of the DUI roadblock and approaching drivers must be safely warned that there is an upcoming checkpoint. This includes well-marked police vehicles and officers dressed in uniforms.

In addition, there should be policies developed by the departments on how to perform a sobriety checkpoint. Law enforcement officers must also be properly trained on how to conduct a DUI checkpoint and know the clues to look for when determining whether or not a person may have been drinking alcohol. This includes a procedure to detain drivers suspected of drinking and driving without impeding traffic flow.

Breathalyzer tests must be located at the checkpoint; however, if this is not possible, suspected drunk drivers should be transported to chemical testing sites. The data that is obtained, including evaluations, should be systematically collected to ensure that the sobriety checkpoint is consistent and standardized.

The National Highway Traffic Safety Administration also recommends that education, enforcement and public information should be part of an ongoing program to help stop drivers from operating motor vehicles while under the influence of alcohol and/or drugs.

As you can see, DUI roadblocks cannot be set up any time, any place. There are conditions that must be followed under Georgia DUI law. If you have been arrested for DUI and you were stopped at a Georgia sobriety checkpoint, please don’t hesitate to contact an experienced defense attorney who specializes in this complex area of criminal defense. Contact Head, Thomas, Webb & Willis by phone or an online case evaluation.

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