Atlanta, Ga. – Holiday weekends, like this Memorial Day Weekend, typically bring a lot of drivers onto the roads here in Atlanta. This increases the already packed roads here in Atlanta. As an Atlanta DUI Lawyer, I have to point out that more drivers on the roads mean more traffic violations. Summer holidays, such as this weekend, also mean more drinking and unfortunately - drinking and driving.
Police officers and deputies are also aware of this statistic, which translates to more safety checks. Safety checks are also known as DUI Checkpoints in Atlanta. Most people are unaware that these checkpoints must be conducted in a certain way in order for them to be enforceable. In today's post, I will outline the restrictions that a checkpoint must abide by in this state.
DUI Checkpoint Laws
A DUI Checkpoint is subject to the following restrictions:
- The DUI checkpoint must be set up for a legitimate purpose - the checkpoint cannot be for generalized law enforcement.
- The decision to implement the checkpoint must be made as well as approved by a police supervisor.
- Every vehicle must be stopped - there can be
- The checkpoint must be well identified and clearly marked.
- The officers must be trained DUI Detection.
- The checkpoint must not be randomly placed or a moving checkpoint.
- The checkpoint must not create an unreasonable burden on drivers and businesses.
It is important for you to know that if you or a loved one have been arrested for driving under the influence or drug possession as the result of a checkpoint - there is still hope for your case.
Most drivers arrested for DUI believe that if they are arrested at a checkpoint, then their case is doomed from the beginning.
This could not be further from the truth. As you can see in the list above, the standards are relatively strict for a checkpoint to be deemed as legal and acceptable. Not every checkpoint follows the procedures they are required to by law.
If you have been arrested in the City of Atlanta, contact our offices now. We can help you with your case today. No matter what – remember to stay safe this Memorial Day Weekend. If drinking and celebrating, use a designated driver or a driving service.
An Atlanta DUI Attorney can let you know what all of your options are with our firm. Contact us today.