Photo of T. Rabb Wilkerson, III

Legal Solutions Tailored To Your Needs

Providing customized legal strategies to overcome your legal challenges.

  1. Home
  2.  » 
  3. Criminal Defense
  4.  » 
  5. Drunk Driving
  6.  » What should you know about DUI checkpoints in Georgia?

What should you know about DUI checkpoints in Georgia?

On Behalf of | May 25, 2024 | Drunk Driving |

In all states, driving under the influence (DUI) is a serious offense punishable by a range of ever-increasing penalties. Setting up sobriety checkpoints is one way Georgia law enforcement deters and enforces DUI laws. 

Since you could face a checkpoint at any time, learning more about how they work under the law can help you navigate the situation wisely. Let’s explore what motorists need to know about DUI checkpoints in the Peach State.

Legality with limits

DUI checkpoints are considered unconstitutional and not permitted in a handful of states. However, they are legal in Georgia but are required to balance public safety with individual rights. 

Police officers follow certain procedural rules

  • Advance notice. Authorities must publicize checkpoint locations and timeframes beforehand.
  • Supervisory approval. A supervisor must authorize the location and timing of the checkpoint.
  • Clear signage. The police must post warning signs ahead of the checkpoint to alert drivers.
  • Neutral selection. Officers must stop vehicles in a predetermined, non-discriminatory manner.
  • Safety focus. The checkpoint’s primary purpose must be to deter drunk driving, not general law enforcement.

Why should drivers know about these rules? If the police break them and arrest you on DUI charges, it may be possible to use their misconduct to improve your circumstances.

Avoiding a checkpoint

There is no law requiring you to proceed through a checkpoint. You can choose an alternate route or even turn around and go elsewhere. However, the police have the authority to follow you and conduct a lawful DUI traffic stop if you break any laws while avoiding a sobriety checkpoint.

If you were arrested at the scene of a DUI roadblock and believe the police violated your rights, take your story and get legal guidance. They can help you determine your next steps.