Atlanta, Georgia DUI Roadblocks

You’ve probably seen them before—roadblocks set up by the police late at night to catch drunk drivers. If you have been charged with impaired driving after going through an Atlanta, Georgia DUI roadblock, you should immediately contact a qualified defense lawyer to investigate your case. Law enforcement agents are bound to follow certain guidelines when conducting a DUI roadblock, and your charges could be dismissed if the police failed to follow proper protocol.

Several complaints have been made that Atlanta, Georgia DUI roadblocks violate citizens’ Fourth Amendment rights against illegal search and seizure. While the U.S. Supreme Court has ruled that the public good performed by conducting roadblocks outweighs these rights, they have developed strict procedures that must be followed.

To conduct a DUI roadblock, it must be approved by the police department’s supervising officers in advance; they may not be conducted spontaneously. The department must pick a location and time where there have been a high number of alcohol-related arrests and/or accidents. In most cases, roadblocks are held late at night until early morning on a roadway that is often travelled to get to and from bars and restaurants. To deter people from drinking and driving, the DUI roadblock must be publicized in advance.

Drivers must be warned that there is a roadblock ahead, either by lights or signs as well as the presence of marked patrol cars and uniformed officers. Cars must be stopped in a preset pattern (i.e., every car, every fourth car, etc). When a driver is pulled over, the officer will ask for his or her name, identification, and insurance information. If the officer suspects that a driver is intoxicated, he or she may ask the driver to get out of the car and perform a number of field sobriety tests. Should the driver fail these tests, the officer can arrest the driver and request a breathalyzer test.

Attorney Thomas J. Thomas has helped clients who have been arrested after going through an Atlanta, Georgia DUI roadblock. Offering affordable rates and payment plans, he is available 24/7 to offer advice on your case.

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