Is it illegal to skip a DUI checkpoint in Georgia? Here’s what the law says you can do
DUI checkpoints are among the most controversial methods used to deter drunk driving, however they are decidedly legal in Georgia, as long as they meet specific guidelines.
Although there is little historical data about how or when checkpoints were first implemented, prior to 1990, DUI checkpoints were considered a breach of the fourth amendment and an act of illegal search and seizure.
It was in 1990 that the Supreme Court ruling in Michigan v. Sitz renegotiated this belief, ruling the “benefits of preventing drunk driving outweigh[ed] the minimal intrusion on individual privacy.” It was the Georgia Supreme Court in LaFontaine v. State, that helped to establish the parameters and guidelines for the checkpoints.
DUI checkpoint rules
According to The Law Offices of Samad K. Mubeen, a Duluth DUI attorney, here is what you should know about DUI checkpoints in Georgia.
The checkpoint must have:
Advance public notice of the checkpoint’s location, date and purpose.
Supervisor authorization for setting it up.
Proper signage to alert drivers of the upcoming checkpoint
A neutral and non-discriminatory vehicle selection
Well-lit areas
Properly trained officers
What is against the rules?
While many of the rules and regulations for traffic stops apply to DUI checkpoints, there are some practices not provided by the law, says Forbes.
Random or arbitrary checkpoints without consent
Searching the vehicle without probable cause
Officers cannot detain drivers for a time that is longer than reasonably determining impairment.
Vehicles and their occupants can’t be profiled based on race, ethnicity or other factors.
Officers can’t coerce sobriety tests during a checkpoint
What happens if I refuse to go through the checkpoint?
You are not mandated to go through a checkpoint in Georgia if you see one. Once you are alerted by the signage you are well within your rights to turn around in a safe and legal manner, says Atlanta lawyer William C. Head. He offers some tips:
Do not make an abrupt, illegal maneuver on the roadway.
Exercise your Miranda Rights by remaining silent.
You have the right to refuse a field sobriety test. However, this does not prevent an arrest.
You should never drive if you’ve been drinking or using drugs because not only do you pose a threat to yourself and others, it is also a very expensive endeavor. Georgia DUI laws and sentencing are some of the strictest in the country. Misdemeanor DUI charges come with a maximum 12-month jail sentence and $1,000 (or more) in fines while sentences for felony DUIs can go up to 10 years.
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