Johns Creek is a relatively young city, having only been separated from Fulton County twenty years ago. As with other communities within Atlanta’s metropolitan area, traffic safety remains of primary importance here and its surroundings; especially with regard to DUI enforcement and arrests. Johns Creek police utilize sobriety checkpoints in an effort to curb drunk driving; we offer legal support against this practice on behalf of our clients.

One such challenge is related to the Fourth Amendment validity of sobriety checkpoints. A recent decision by the Georgia Supreme Court, Armentrout v. State, holds that lawful roadblocks require specific, lawful reasons other than general crime control in order for it to be lawful – which will likely impact many DUI cases moving forward.

Prosecution has the responsibility to establish that a checkpoint was set up and operated in compliance with law, with specific guidelines that outline its operation, along with testimony from an administrative officer about them. According to Supreme Court precedent, any checkpoint must have a purpose that does not promote politics; otherwise it cannot be considered constitutional.

Another legal concern surrounding checkpoints relates to its timing. This refers to how long the roadblock was actually in operation and the time between its establishment and implementation; the longer this occurs, the less likely its implementation will be seen as constitutional. Furthermore, police must demonstrate that their operation of the roadblock was reasonable and practical – such as by being able to effectively determine which cars would be stopped for detention periods, what screening questions were posed to motorists etc.

Courts have determined that police may only operate sobriety checkpoints during specific times and locations so as to not violate citizens’ freedom of movement and should make public announcement of roadblocks prior to implementation.

If you have been arrested for DUI in Johns Creek, contact us immediately for a free consultation. Our attorneys specialize in devising strategies to minimize or avoid consequences associated with a conviction such as jail time, community service hours, fines and license suspension as well as alcohol treatment programs. The founder is an ex-felony prosecutor certified in Standardized Field Sobriet Testing; depending on your individual situation we can also assess plea offers in order to decide whether fighting them in trial would be worthwhile. Our office serves clients throughout Georgia including Johns Creek, Alpharetta Marietta as well as surrounding counties like Cobb