Georgia Sobriety Checkpoints: Your Rights and What to Expect

Following the rules of the road is a must if you operate a motor vehicle, and that includes not driving under the influence of drugs and alcohol. Although we all know this, an alarming number of drivers still get behind the wheel while over the legal blood-alcohol concentration (BAC) limit or under the influence of some other substance. Georgia sobriety checkpoints come into play to steer drunk drivers away from driving and keep local communities safe.

Encountering a sobriety checkpoint can be nerve-wracking, even if you haven’t been drinking. It’s helpful to understand a bit more about them, including your rights, when you’re going through one.

What Is the Point of a Sobriety Checkpoint in Georgia?

Recently, within a single year, there were 1,797 motor vehicle traffic fatalities in Georgia. Year over year, driving under the influence makes up for a decent number of motor vehicle accidents, leading to serious injuries and death. Sobriety checkpoints, or DUI checkpoints, give law enforcement a chance to get out ahead of the bad driving behaviors and stop them before any harm can be done.

Sobriety checkpoints serve an important function, but they can’t just be set up arbitrarily. Setting up random checkpoints would be an inefficient use of resources and unnecessarily burden the public. In Georgia, the purpose of a DUI checkpoint must be specific.

Over a single weekend in 2022, twenty people were arrested in Camden County for driving under the influence after a Georgia-Florida football game in Jacksonville. The high volume of drunk drivers could be traced to the number of people driving back from the game or from parties where they were watching it.

On average, Camden County law enforcement typically averages five DUI arrests per weekend, so it’s clear that this weekend was an outlier event. Still, it’s possible for Georgia police to keep these drivers off the road.

By setting up sobriety checkpoints on the dates of big events, local law enforcement can be even more prepared to intercept drunk drivers before they endanger someone. Even the knowledge of their existence can deter drunk people from getting behind the wheel. They are less likely to risk it if they know the odds are already stacked against them.

What to Expect at a Sobriety Checkpoint in Georgia

Before you arrive at a DUI checkpoint, you can expect to see signs indicating a roadblock ahead. Once you stop at the checkpoint, an officer approaches your vehicle to ask a few questions. The first thing they typically do is ask for your license and registration, so be sure to have those ready to go. If they suspect you are impaired, they may ask you to perform a field sobriety test or take a breathalyzer test.

If you’re asked to take a field sobriety test, you have the right to opt out, as these tests are voluntary. These tests can be unreliable and can even produce false positive results, which can leave you facing major consequences.

However, if you refuse to submit to a chemical test, such as a breathalyzer, law enforcement can automatically suspend your license. You can work with an experienced DUI attorney to challenge the suspension and get it back.

Your Rights at a Sobriety Checkpoint in Georgia

If you are arrested at a sobriety checkpoint, it’s important to remember that you have the right to remain silent and the right to an attorney. It’s wise to comply with the officers’ requests as calmly as possible without disclosing unnecessary information about yourself. Once you’re able, reach out to a Georgia DUI attorney to discuss your options in depth.

Officers are allowed to detain you for further questioning if they have reasonable suspicion that you’re under the influence. However, they must prove probable cause to actually make an arrest for a DUI. Any evidence gathered at a checkpoint can be labeled as inadmissible in court if the officer did not have reasonable suspicion or cause. It’s important to pay attention and gather as much information as possible if you’re ever stopped at a checkpoint.

FAQs

Q: Can You Refuse to Participate in a DUI Checkpoint in Georgia?

A: Yes, you can refuse to participate in a sobriety checkpoint in Georgia. If you have time to turn around, you may do so legally to avoid stopping at the checkpoint. You’re allowed to refuse to take a sobriety test if you are already at the stop, but the officer can immediately suspend your license due to Georgia’s implied consent law.

Q: Are There Many DUI Checkpoints in Georgia?

A: Under Georgia law, sobriety checkpoints must have a specific purpose; they can’t just pop up for no reason. That said, these checkpoints are commonly used in Georgia to deter drunk driving at times when law enforcement predicts higher volumes of dangerous drivers. You’re most likely to see a sobriety checkpoint on weekends, around the holidays, or when a big event is in town.

Q: Do I Have to Show My ID at a DUI Checkpoint in Georgia?

A: When you’re stopped at a sobriety checkpoint in Georgia, you can expect to have to give them basic information about yourself. This typically starts with you presenting your driver’s license and proof of vehicle registration and insurance. Refusing to provide this information can lead to further legal consequences, including arrest.

Q: Can I Turn Around Before a DUI Checkpoint in Georgia?

A: It is legal to turn around before a sobriety checkpoint as long as you do so while following the rules of the road. If you violate a traffic law in the act of turning around, it’s likely for you to be pulled over, so be sure to execute a legal turn or a legal U-turn to navigate away from a checkpoint.

Learn More About Georgia Sobriety Checkpoints From a Georgia DUI Attorney

Sobriety checkpoints are one of many tools local law enforcement uses to keep communities safe. Now that you better understand how Georgia sobriety checkpoints work and how to navigate through them, you can get back on the road with renewed confidence and ease.

If you have experienced an issue at a sobriety checkpoint in Georgia, an attorney at the offices of Jarrett Maillet J.D., P.C. may be able to help. Our team has experience handling all types of DUI cases in Georgia, and we’re confident we can put our skills to use for you to help you secure a positive outcome in court. Call us to set up an appointment with our team today.