About Roadside Checkpoints

It has been determined by the Georgia Supreme Court that the constitutional rights of the residents of this state are not violated by roadside sobriety checkpoints. However, there are restrictions on law enforcement about how they conduct these checkpoints. They must make a public announcement as to where they will be held, and a police supervisor has to approve the time and location of the roadblock. There must be a statistical basis for the checkpoint (such as an area that has statistically proven to have an increased number of drunk drivers). They must stop every vehicle that goes through the checkpoint. They must have probable cause to suspect someone is DUI before arresting the person.

If you have been arrested and charged with DUI after being pulled over at a roadside checkpoint in Cumming or other part of the county, it is crucial that you contact a Forsyth County DUI lawyer at once. Richard Lawson can determine the legality of the checkpoint and protect your rights.

DUI Lawyer in Forsyth County

The procedure at these checkpoints is fairly standard. You are flagged down and pulled over. One of the officers conducting the checkpoint will ask you for your documentation. They will also be observing you and looking for signs of alcohol consumption, such as the smell of alcohol in the car, “slurred speech” (one of the most overused types of so-called evidence), open containers of alcohol, the smell of marijuana or other indicators. If they do not observe anything, they will usually send you on your way. If they feel you might be intoxicated due to something they observe, they may ask you to perform several field sobriety tests or a breath test. You are not required by law to comply with this request. Field sobriety tests and road-side AlcoSensors are voluntary (however you are not likely to be told they are voluntary). You can politely decline to participate. If you do agree to these tests, the purpose is to find more evidence of intoxication, by seeing you fail the test. The tests have been designed to make you fail and make you look intoxicated.

Never answer questions from law enforcement who suspects you are under the influence of alcohol or drugs without your attorney present. You have that right by law. If you feel that you are in jeopardy in this situation, remain polite and respectful and just give them the information that they require such as your driver's license, registration, and insurance. Other than your name and address, you are not required to answer questions. If they take you to the police station and arrest you, contact the Law Offices of Richard S. Lawson immediately after your release. Defense actions that must be taken quickly in any case of DUI from an arrest at a roadside checkpoint.

Contact a Forsyth County DUI lawyer at once if you have been arrested for DUI at a roadside sobriety checkpoint.