subject: Illegal Georgia DUI Roadblocks Explained [print this page] Currently, roadblocks are being used to circumvent the need for probable cause to stop, interrogate, and search the occupants of motor vehicles. The pretense might be a registration check, or a DUI checkpoint. The court system has allowed the practice of permitting police to use roadblocks as a pretext to stop vehicles in search for violations, including DUI. Given that police have a wide latitude to interpret impaired driving, roadblocks give police an opportunity to unlawfully stop and search a vehicle without cause.
Constitutionally, a Georgia DUI roadblock must meet the following checklist to be legal
All vehicles must stopped, as opposed to random stops
The delay to drivers must be minimal
The roadblock need to be well-identified as a police checkpoint
The initial screening officer's training and experience needs to be sufficient to qualify him to make an preliminary determination as to which motorists ought to be given field sobriety tests for DUI
The roadblock needs to be conducted pursuant to a plan devised by supervisory personnel rather than officers in the field utilizing their unfettered discretion, and,
The supervisory officers must have a legitimate primary purpose for the roadblock other general crime deterrance. See generally, Thomas v. State, 277 Ga. App. 88; 625 S.E.2d 455 (2005). These factors are not general guidelines, but are minimum constitutional prerequisites.
How Atlanta Uses DUI Roadblocks
A recent story in the news underlines the need for an Atlanta DUI lawyer well-versed in Georgia DUI law and keeping a ear on local politics. At a community forum in July 2010, Atlanta Police Chief George Turner admitted to using unconstitutional roadblocks for general crime deterrence.
The Atlanta Police Chief's dialogue went as follows:
"When you look at where we place roadblocks, and the crime patterns in our community, you'll see roadblocks in that area," Turner said.
Atlanta Police Chief Turner: "So it's a strategy, one of the many strategies that we use to fight crime in the community.
Community Forum Participant: "To fight crime in general, including robberies, thefts ?"
Atlanta Police Chief Turner: "Robberies, yes, to fight crime throughout the entire community."
Community Forum Participant: "Would that include drugs as well?"
Atlanta Police Chief Turner: "Sure."
This dialogue uncovered that each and every Atlanta DUI roadblock implemented under Atlanta Police Chief Turner's tenure could be interpreted as being used for general crime deterrence. If this is so, it suggests that every single roadblock was illegal and each and every Atlanta DUI arrest made at these roadblocks could be tossed out of court at a motion to suppress under the 4th Amendment as an illegal search and seizure. So do not think that you have to plea. Be sure to hire an experienced Georgia DUI attorney and have your Atlanta DUI case dismissed.
