Were You Charged with a DUI at a Roadside Checkpoint?
Georgia law states that law enforcement can perform sobriety roadside checkpoints, but there are guidelines that they must follow:
- The checkpoint location must have been announced
- There must be a legal basis for the checkpoint (higher than average number of DUI offenses in the area)
- They must stop every vehicle that goes through the checkpoint
- They must have probable cause before making an arrest
- A supervising officer must approve the checkpoint.
When you are stopped at a checkpoint you should be asked for your driver's license and registration. Sometimes an officer will ask you if you have been drinking. While the officer reviews your documents he or she will also be looking for clues that you are intoxicated. The officer will look for the following:
- The smell of alcohol in the car
- Open alcohol containers
- Slurred speech
- Physical indications like nervousness or fumbling with your documents
- Admission of alcohol consumption
- Drug paraphernalia
Defending Against DUI Charges in Fulton County
When you are pulled over at a checkpoint, you are not required to answer other questions. Many of the arrests made are due to individuals admitting that they have been drinking. If you have been arrested for DUI at a checkpoint contact a Roswell DUI lawyer. The Law Offices of Richard S. Lawson has defended a wealth of individuals who were charged with a DUI offense while at a checkpoint; the firm has developed a variety of possible defenses to handle your case. Often, the procedure that law enforcement should follow at a checkpoint has been violated. The errors that were made during your arrest can be used to develop the defense in your case.
Contact an Alpharetta DUI Lawyer from the firm as soon as possible for the legal assistance you deserve in facing a DUI charged ata roadside checkpoint.