DUI Roadblocks in Georgia

Arrests for DUI made in the course of a law enforcement road block create many legal issues that are usually not present in a DUI case made, for example, after an officer has pulled someone over for another moving violation. The reason is quite simple; if you are speeding or failing to maintain your lane of travel then an officer has the legal authority to stop you for the traffic offense and while speaking with you about the violation he or she can enlarge their investigation if they have what the law calls a "reasonable articulable suspicion" that you are operating a motor vehicle while under the influence of alcohol. However, in a road block case, a person is driving down the road, committing no traffic offenses whatsoever, stopped at a roadblock, and investigated for DUI. The police are not required to observe any moving violations, traffic offenses, or even have a reasonable articulable suspicion that a person is driving under the influence. What allows the police to do this?

While law enforcement officers are allowed to operate a roadblock and stop all vehicles traveling through it, the law requires that they plan, initiate, and conduct the roadblock pursuant to strict guidelines handed down from the Georgia Appellate Courts as well as the United States Supreme Court. If a roadblock violates any of these guidelines then all the evidence the police have gathered and used to charge someone with DUI, including performance on field sobriety tests, blood alcohol test results, and any observations made by the officer after the roadblock stop, is susceptible to being suppressed and excluded from use at your trial. If you were arrested for DUI at a police roadblock, contact us to review your case.