Sobriety checkpoints – also known as driving under the influence (DUI) roadblocks – are a very efficient tool for law enforcement professionals. By stopping every driver passing a certain point on the road, they can screen dozens of drivers every hour for signs of intoxication.
Checkpoints can lead to multiple arrests. Not all of those arrests involve people who intentionally broke the law. Issues ranging from confirmation bias to uncalibrated testing devices may lead to police officers wrongfully arresting people at sobriety checkpoints. Many drivers prefer to avoid them if at all possible.
How can a Georgia driver successfully manage a checkpoint if they spot one ahead on the road?
Drivers don’t have to pass through checkpoints
Police departments often plan checkpoints based on traffic density. They may also choose locations where drivers can’t see the checkpoint from far away. The goal is often to force motorists to proceed through the checkpoint even if they want to avoid it because they are in a rush.
Although people may feel compelled to proceed directly through a checkpoint, there is no rule actually requiring them to do so. Drivers who encounter a checkpoint can engage in any legal traffic maneuver that allows them to avoid the checkpoint. They could turn off onto a side street, exit a highway or possibly even conduct a U-turn.
Without signage declaring otherwise, U-turns on many roads are perfectly legal under Georgia state statutes. Of course, if a driver breaks the law attempting to avoid a sobriety checkpoint ahead, they might attract police attention. Police officers might target them for a one-on-one traffic stop.
Drivers at checkpoints can assert their rights
There are no rules requiring drivers to answer police questions at checkpoints. They do have to provide identification, but they don’t have to answer questions that might implicate them.
Additionally, there is no rule compelling a driver to submit to field sobriety tests even if officers request them at a checkpoint. Motorists who understand their rights can potentially proceed through a checkpoint without putting themselves at elevated risk of criminal charges. Those who do get arrested after a police encounter at a roadblock may have several options available for fighting those charges.
Discussing the situation that led to a DUI arrest with a skilled legal team can help defendants evaluate different defense strategies. Fighting back is almost always better than pleading guilty because of the potential consequences of a conviction.