DUI checkpoints are an increasingly popular tactic employed by law enforcement agencies to detect drunk drivers. Although such roadblocks may be legal under certain conditions, our experienced Johns Creek DUI attorneys possess numerous effective defense strategies against such situations.

DUI checkpoints must first receive approval by supervisory officers before being implemented and should be clearly visible and identifiable to drivers passing by them.

1. Know Your Rights

As you explore Johns Creek for an event such as a football game, holiday weekend or another major occasion, DUI checkpoints could become part of your journey. These roadblocks set up by police officers are used to evaluate drivers’ sobriety levels while searching vehicles for illegal or legal drugs – the Supreme Court has upheld that such checkpoints can be constitutional so long as they are brief and non-intrusive.

Unfortunately, many people get arrested at roadblocks. If you’ve been charged with DUI at one of these roadblocks and know your rights are being infringed upon, it is vital to immediately hire a knowledgeable Johns Creek DUI attorney as a conviction may have far-reaching repercussions that go well beyond any municipal court criminal proceedings; furthermore it would be prudent to be prepared for an administrative license suspension hearing through Georgia Driver Services as soon as possible.

2. Stay Silent

Effective DUI-defeating measures involve making responsible choices while behind the wheel. That includes refraining from consuming any alcohol whatsoever and designating a designated driver or ride-sharing services if planning on imbibing.

When encountering a checkpoint, the best course of action is to remain quiet and follow the officer’s directions. While you must provide your license, registration, and proof of insurance if requested by law enforcement officers, but politely decline answering any inquiries about where or what you have consumed.

Statements could incriminate you and lead to a DUI arrest or conviction. Remaining silent is your constitutional right; don’t be shy about exercising it! Especially considering recent court rulings which make DUI checkpoints harder for law enforcement in Georgia.

3. Take Mental Notes

If you are stopped at a DUI checkpoint, it is crucial that you pay close attention and take mental notes. Your lawyer can use this information in building your defense – such as alleging the stop wasn’t conducted properly by pointing out how police did not follow established legal protocols, like providing adequate signage or setting a consistent stopping pattern.

If a Johns Creek DUI officer decides to administratively suspend your license due to exceeding Georgia’s per se legal limit or refusing to submit to breath, urine, or blood testing, you have thirty days from receiving notice to request an administrative hearing with the Department of Driver Services and contest the decision by hiring an attorney who can help appeal it and retain driving privileges.

4. Don’t Refuse a Breath Test

DUI checkpoints are generally legal; however, in order to be compliant with drivers’ constitutional rights they must follow specific guidelines in order to operate legally and to prevent violations such as being marked and publicized prior to their use by officers who suspect drivers of being impaired by drugs or alcohol.

At these types of roadblocks, law enforcement officers may request drivers to blow into a portable breath tester. If the result shows anything illegal or intoxicating, an arrest for DUI, fines, community service requirements and even permanent criminal records could occur as a result.

Though it’s essential that you cooperate with law enforcement officers, always remain polite and respectful when speaking with them. Arguing could make things worse and they could suspect intoxication if you attempt to argue. Also make sure your driver’s license and registration papers are readily available when requested by an officer.

5. Avoid Talking About Alcohol

Johns Creek and Georgia state residents have the right to refuse a breath or other chemical test; however, doing so could result in serious consequences such as license suspension and possible jail time.

While the legal blood alcohol concentration (BAC) limit for driving is set at 0.08%, impaired driving goes beyond this numerical threshold. Furthermore, impairment may result from taking other substances like prescription medicines or illegal drugs.

Last, avoid making any sudden movements that might prompt officers to suspect you of trying to bypass or bypass a roadblock or bypass checkpoint. As demonstrated in a recent case on behalf of DUI defense clients, judges can rule that written guidelines of checkpoints were inadequate or unreasonable delayed drivers from passing.