The Law Behind DUI Checkpoints in Georgia
DUI checkpoints in Georgia are both legally justified and encouraged by the State. Starting just a couple of years ago, the Georgia Department of Public Safety created a "DUI Checkpoint Guidelines" manual in accordance with O.C.G.A. §40-13-28.2 (1997), which came about in response to his request from an acquaintance in the Kennesaw, GA city council. The "manual", however, is not actually authoritative. State law merely provides for DUI checkpoints that are consistent with the United States Constitution and the Georgia State Constitution. The Constitution of the United States guarantees all citizens the right to be free from unreasonable search and seizures under the 4th Amendment. Similarly, the Georgia State Constitution requires in Art. I, Sec. II , Para. III that all citizens be free from unreasonable search and seizure. Searches and seizures at sobriety checkpoints are considered an "unreasonable seizure" unless the checkpoint is "authorized in advance", and reasonably carries out its purpose, and does sufficiently minimize it impact on citizens, and is rationally related to a legitimate public interest. The DUI checkpoints film described above does all of these. Checkpoint locations are determined prior to the checkpoint by a supervisory official, as determined by the number of DUI arrests that have occurred in that area in the past, and possible safety issues, as well as similar criteria. Locations will only be chosen if the sobriety checkpoints would contribute significantly to road safety, and if it is feasible to establish a sobriety checkpoint. No particular person is targeted; every single vehicle is stopped to allow for every citizen’s right to a road safe from intoxicated drivers.
Characteristics of a Legal DUI Checkpoint
In order to avoid liability to injured motorists, the law requires that the police officers follow certain guidelines with respect to planned roadblocks. Generally, the following criteria must be followed in order to ensure that the DUI checkpoint procedures are legal; (1) The roadblock must be publicly announced in advance; (2) The road conditions must be safe for the specific location of the roadblock; (3) The police department supervising the roadblock must have proper written authorization for the roadblock to occur; (4) The location must be selected in advance; (5) The details of the planned sobriety checkpoint must be properly explained to, and approved by the district court; and (6) police officers must stop each car for the same interval of time in a consistent manner.
Motorist Rights at Georgia DUI Checkpoints
Georgia DUI Checkpoints are regular roadblocks in which police will stop all vehicles on a road and ask the questions of the driver to determine if the driver is intoxicated or not and to check that drivers that are not intoxicated have valid license plates and insurance. Many people are confused about what happens when they are stopped at a DUI / Sobriety checkpoint in Georgia. The following information provides some guidelines based upon previous cases and experience in the field when attorneys from our office have been stopped at a DUI checkpoint in Georgia.
The most common questions at DUI checkpoints in Georgia are:
- Driver’s License, Insurance and Valid Registration Check
- Where are you coming from?
- Where are you going?
- Have you been drinking?
- If so, how much and when?
You have every right to remain silent. Remember this golden rule: THERE IS NOTHING YOU CAN SAY OR DO THAT WILL MAKE THE OFFICER LET YOU GO. Be polite but firm. Politely decline to answer any incriminating questions. The officer will ask you for your driver’s license, registration and insurance. Give the officer those items, but do not give him or her a reason to ask you to step out of your car. As soon as you step out of the vehicle, you are no longer in public and therefore they can take you into custody without consent and search the vehicle. This is how unintended convictions occur. After you pass through the checkpoint, when it is safe to do so, you should immediately write down the location, date, time and name of the officer you spoke with. This will become important in a future defense if the case proceeds. If the officer fails to comply with checkpoint guidelines set by the Georgia Supreme Court, the prosecution may not be able to use the DUI evidence obtained at the checkpoint.
How to Contest a DUI Checkpoint in Court
Although DUI checkpoints are legal under limited circumstances, there are some potential legal defenses available to defendants. Chief among those is the position that the checkpoint is in some way hunting for DUI offenders rather than being administrative detention intended to protect the public at large. Georgia courts have ruled that if a checkpoint is created with the primary purpose of uncovering DUI offenders, it is not lawful. If a police officer stops you at a checkpoint, and none of the other cars traveling down the roadway are stopped, it’s likely that the police officers are not following the proper procedures for setting up a lawful roadblock in the best interests of the people. Proper procedure requires that stops be conducted as randomly and as uniformly as possible in order to be constitutional. Otherwise, it violates constitutional protections against unreasonable search and seizure and likely as well protections to equal protection under the law.
Another reason a DUI charge might be dropped if sobriety checkpoints are not set up properly is if you can show that the sobriety checkpoint did not advance the safety and convenience of the public. There are multiple reasons that could bring this forward , such as having signage insufficient to warn drivers about the imminent interruption in the flow of traffic so they can take alternative roads; checkpoint locations that place the checkpoint close to bars or other locations where drinking or drug use might occur; improper spacing between vehicles; racial or other unconstitutional profiling; lack of proper warning signs about the sober checkpoint location; and/or a lack of proper public notice prior to the checkpoint. The failure to publicize a sobriety checkpoint in advance of the date it will be used is considered a crucial factor for courts in Georgia in determining whether the sobriety checkpoint is constitutional and permissible.
If you were charged with a DUI because of an arrest at a roadblock and there was/may have been an issue with a sobriety checkpoint being set up properly, you should consult with an experienced DUI attorney as soon as possible about your options.
Do DUI Checkpoints Reduce Roadway Incidents?
The impact of DUI checkpoints on improving road safety in Georgia is a subject of heated debate. Proponents argue that these preventative measures have been effective in reducing accidents and fatalities on the road. According to the Georgia Governor’s Office of Highway Safety, fatalities from motor vehicle crashes declined by 2.41% in 2017 as compared to 2016. This modest decline is attributed, in part, to law enforcement initiatives such as DUI checkpoints. A study conducted by the National Highway Traffic Safety Administration (NHTSA) revealed that alcohol-related fatalities were reduced by up to 20% at locations with DUI checkpoints. The NHTSA also showed a drop in the number of alcohol-related crashes in counties that use sobriety checkpoints with several locations across the county. However, not all research points to significant positive outcomes from the use of DUI checkpoints. A report conducted by the Virginia Transportation Research Council demonstrated that sobriety checkpoints, though they removed a certain number of impaired drivers from the roads, did not have a measurable impact on the overall number of alcohol-related crashes. Similarly, a study from the University of Florida found that DUI checkpoints had no significant effect on the number of traffic fatalities in the state. This data underscores the complexity of the issue and the ongoing debate surrounding DUI checkpoints and their impact on community safety. While some studies indicate a positive correlation between the use of sobriety checkpoints and a reduction in alcohol-related accidents and fatalities, others question their efficacy in making a significant impact on the overall number of DUI incidents.
Public Attitude Towards DUI Checkpoints in Georgia
There is no question that Georgia DUI Checkpoints generate a great deal of controversy and strong opinions on both sides of the issue. For the supporters of DUI checkpoints in Georgia, there is no argument that the practice reduces the, almost universally accepted, public danger posed by highly intoxicated drivers. To others, the very foundation of the DUI Roadblock practice is suspect. Perhaps most importantly, however, is the perception of the average citizen, who finds himself approaching one of these "safety checks" on a Friday night heading to the bars. Most people in Georgia find DUI roadblocks irrelevant, unnecessary, and an invasion into their peace of mind . A 2000 poll conducted by the AJC found that over 61% of Georgia citizens oppose the practices of DUI checkpoints. "Despite all the acrimony and more than 30 years of litigation, Georgia remains an outlier. Every other state except Iowa permits DUI roadblocks, in part because other courts have found them a more cost effective law-enforcement tool. But, also because unlike Georgia courts, in every state outside of Georgia, drunk driving is not a primary offense — meaning, they are not required to show the driver was speeding, or had their seat belt unbuckled in order to stop them," said Georgia State University Law Professor Clark Cunningham.