Georgia DUI Road Blocks

As Americans, we are protected under the U.S. Constitution from unreasonable searches and seizures. However, in 1990 the Supreme Court made a decision that sobriety checkpoints set up by police officers were not a violation of the Fourth Amendment. Leaving specific laws regarding sobriety checkpoints up to each state, the Supreme Court also ruled that sobriety checkpoints must be minimally intrusive.

In the state of Georgia, police officers are required to set up sobriety checkpoints with public safety in mind. This means they should not be obstructing traffic on a dangerous curve or hill. They must also ensure that drivers are aware that there is police presence, and they should give drivers warning of a sobriety checkpoint ahead. The sobriety checkpoint must also have the support of the judicial system, and it should be focused on the prevention of drinking and driving. During the investigations, trained and qualified police must follow proper protocol that should be standardized. 

Were you arrested for DUI as part of a Georgia sobriety checkpoint?

If so, make sure you contact The Law Office of Larry Kohn. Georgia has laws in place regarding sobriety checkpoints, and police officers are required to follow the guidelines as set forth by the state. The requirements listed above are only a few of the guidelines police are required to follow. At The Law Office of Larry Kohn, we’ll review the details surrounding your arrest to ensure that your rights were protected, and that you were not the victim of an unreasonable search and seizure.

For instance, if a police officer asked you to step out of your vehicle to perform field sobriety tests for no apparent reason, your defense attorney will challenge the prosecution on probable cause. Police need probable cause before they can begin a DUI investigation. Examples of probable cause include but are not limited to: seeing open alcohol containers, smelling alcohol on your breath or coming from your vehicle, blood shot eyes, slurred speech, and other signs of intoxication.

If you were unreasonable searched or seized, your rights have been violated and you deserve to have them upheld. We proudly serve Cumming, Decatur, Douglasville, Dunwoody, Marietta, Roswell, and Union City.