As an Atlanta DUI Lawyer, I am very familiar with how often DUI checkpoints are utilized within the city of Atlanta. Most of the time, these checkpoints are set up over holiday weekends as most drivers probably experienced being stopped at a checkpoint this past 4th of July weekend.
Holiday weekends bring many more drivers to the city of Atlanta. With an influx of drivers comes an influx of traffic violations - including DUI in Atlanta.
Most people are under the impression that if they are stopped at an Atlanta DUI Checkpoint, then they are doomed from the time that they are arrested. This could not be more false. The reality is that officers are required to follow certain rules when it comes to setting up a DUI checkpoint.
In today's post, I will outline the rules that the police must follow if they are conducting a DUI checkpoint.
Atlanta DUI Checkpoints
As I mentioned above, there are certain rules that must be followed in order to set up a lawful checkpoint. This can mean that if one of these rules are not followed or abided by, then a DUI accused driver might be able to be completely relieved of all charges.
The rules are as follows. If a checkpoint is to be considered as compliant and lawful, then it must be demonstrated by the state of Georgia that…
- The decision to implement the roadside checkpoint as well as the procedures for carrying it out were made by supervisory personnel, rather than officers in the field; and
- The roadside checkpoint served a legitimate purpose; and
- All passing vehicles were stopped as opposed to random stops; and
- The delay to motorists was minimal; and
- The roadblock was well identified as a police checkpoint; and
- The screening officers' training and experience was sufficient to qualify the officers to make a determination of which drivers should be investigated for impairment.
You can see from the law that checkpoints are actually held to a higher standard than traffic stops. Officers can't just set up a DUI checkpoint for any old reason. There are requirements that must be followed.
There are many defenses that can apply to a DUI case if the arrest resulted from a DUI checkpoint. If you or a loved one was arrested for DUI in Atlanta this past holiday weekend, contact an Atlanta DUI Attorney today. We can help you now.