DUI Roadblocks in Gwinnett: How Courts View Checkpoints and When They Can Be Challenged

Most of the time, when drivers face DUI charges, it is because an officer has pulled them over for suspicion of drunk driving. Some people face DUI charges after an officer interacts with them during a DUI roadblock. Many people will not encounter DUI roadblocks, which can make navigating them confusing. By knowing what to expect, drivers can minimize the potential consequences of a DUI checkpoint stop. Here is what to know about DUI roadblocks.

What Are DUI Roadblocks?

A DUI roadblock is a temporary law enforcement stop set up to identify and deter impaired drivers. Rather than pulling over an individual motorist suspected of driving under the influence, officers briefly stop vehicles to check for signs of alcohol or drug impairment. Roadblocks let officers check many drivers in a short time, rather than trying to spot impaired drivers one by one while on patrol. By setting up in one location with several officers working together, law enforcement can focus its efforts and make better use of its time and manpower. The purpose of these roadblocks is to deter people who consider driving impaired and to keep the public safe. When police announce checkpoints in advance, it lets people know that DUI enforcement is active. That makes drivers think there is a higher chance they could get stopped if they choose to drive after drinking.

At the DUI roadblocks, officers may observe signs of impairment, such as the smell of alcohol, bloodshot eyes, slurred speech, or erratic behavior. If impairment is suspected, officers may ask to administer field sobriety tests, breathalyzer tests, or other chemical tests. Field sobriety tests often include exercises such as walking in a straight line, standing on one leg, or following a moving object with the eyes. Chemical tests, including breath, blood, or urine tests, are used to determine blood alcohol concentration or the presence of drugs.

Requirements for Georgia DUI Roadblocks

The Georgia Department of Public Safety (DPS) has established detailed policies and procedures for conducting roadblocks. Supervisory personnel must approve roadblocks in advance, including decisions about time, location, and operational plans. Roadblocks must follow neutral, clearly defined criteria and stop all vehicles rather than using random selection. Delays to motorists should be minimal, and checkpoints must be clearly identified as police operations. A minimum number of uniformed officers is required, and officers must have sufficient training to assess drivers appropriately. Additional safety measures apply to night roadblocks, including supervisory approval, adequate lighting, reflective vests, and increased staffing. After completion, supervisors must document the operation using official DPS forms.

What If I Am Stopped?

First of all, if you see a DUI roadblock, you are not legally required to go through it. However, if you choose to avoid it, do so safely and legally. Officers can pull you over if they observe a violation or signs of impairment. Making an illegal U-turn or committing any traffic violation near a checkpoint can give police a lawful reason to stop you. Use your turn signals, obey the speed limit, and avoid sudden or erratic movements.

Whether or not you have been drinking or doing anything wrong, being stopped at a DUI roadblock can feel stressful. Seeing flashing lights and uniformed officers is enough to make anyone nervous. The most important thing you can do is stay calm. Take a breath. Follow basic instructions and keep your movements slow and visible. Drivers stopped at a DUI checkpoint should remain polite and cooperative. Arguing, refusing simple instructions, or acting evasively can quickly escalate the situation and draw additional scrutiny.

Understanding the difference between cooperation and self-incrimination is important. At the same time, being cooperative does not mean giving up your constitutional rights. You still have the right to remain silent and the right to decline to answer potentially incriminating questions. You may be asked to provide your driver’s license, registration, and proof of insurance, but you are not obligated to volunteer extra information. 

However, you do not have to answer additional questions about whether you were using alcohol, drugs, or where you have been. You also have the right under the Georgia Constitution to refuse tests, such as field sobriety tests and preliminary breath tests. You are not required to answer questions that could be used against you. 

Challenging a DUI Roadblock

If you are charged with a DUI after a roadblock, there still are options to contest the charges.

One way to challenge a roadblock is by examining whether the DUI roadblock followed neutral, clearly defined guidelines. Officers cannot stop vehicles randomly or use personal discretion to decide which cars to pull over. All vehicles must be stopped, or stopped according to a neutral formula established in advance. If officers deviated from the approved plan, selectively stopped drivers, or failed to follow proper procedures, that could provide grounds to challenge the legality of the stop and potentially seek suppression of any evidence obtained. For instance, the attorney might argue that the defendant was selected for a reason such as race, rather than randomly.

A defense attorney can also argue that your rights were violated during the stop or arrest. They might argue that there were violations of the Fourth Amendment, which protects against unreasonable searches and seizures. They can also claim violation of your Miranda rights, like if you were not told that you could stay silent or have a lawyer.

Contact an Experienced DUI Defense Attorney

DUI roadblocks are a common law enforcement tool. However, not every stop is automatically lawful. An experienced DUI defense attorney can review the circumstances of the DUI roadblock, including whether proper procedures were followed, and determine if your rights were violated. Speak with an experienced criminal defense attorney to protect your record and license.