Atlanta DUI Checkpoint Lawyer

Ready to Fight for You Today

If you have been stopped at a DUI checkpoint in Atlanta and are now facing DUI charges, you need an experienced and dedicated attorney to protect your rights. At Weintraub & Alper Legal, we specialize in DUI defense and understand the intricacies of DUI checkpoints in Georgia. Our firm is committed to providing aggressive legal representation to challenge DUI charges and help you achieve the best possible outcome.

Call (404) 907-1536 or contact us online today to request a confidential case review.

What is a DUI Checkpoint?

A DUI checkpoint, also known as a sobriety checkpoint, is a roadblock set up by law enforcement to identify and deter impaired drivers. Unlike standard traffic stops, DUI checkpoints allow officers to stop vehicles without requiring reasonable suspicion. These checkpoints are typically placed in high-traffic areas or locations with a history of DUI-related incidents. The primary purpose of these stops is to enhance public safety by reducing the number of impaired drivers on the road.

Are DUI Checkpoints Legal in Georgia?

Yes, DUI checkpoints are legal in Georgia. The U.S. Supreme Court has ruled that sobriety checkpoints are an exception to the Fourth Amendment's requirement for reasonable suspicion before stopping a vehicle. However, the state of Georgia has specific guidelines law enforcement must follow to ensure these checkpoints are lawful. If an officer fails to adhere to these requirements, any evidence obtained during the stop may be challenged in court.

Steps Law Enforcement Officials Must Follow to Set Up a DUI Checkpoint

For a DUI checkpoint to be legally valid in Georgia, law enforcement agencies must comply with several requirements, including:

• Supervisory Approval – A supervising officer must approve the checkpoint in advance, ensuring that it serves a legitimate purpose, such as reducing drunk driving incidents.
• Neutral Stopping Method – Officers must use a neutral and predetermined system for stopping vehicles (e.g., stopping every third car) rather than conducting random stops.
• Public Notice – Law enforcement agencies often announce checkpoint locations in advance to inform the public and increase deterrence.
• Safety Measures – Officers must ensure the checkpoint is well-lit and properly marked to avoid confusion and maintain safety for drivers and officers.
• Minimal Intrusion – The checkpoint should not cause excessive delays for motorists, and officers must follow proper procedures to minimize inconvenience.
• Proper Law Enforcement Conduct – Officers should behave professionally, follow constitutional procedures, and respect drivers' rights.

If any of these legal requirements are not met, the validity of the checkpoint and any subsequent DUI charges may be challenged in court.

Your Legal Rights When You Approach a Checkpoint

Understanding your legal rights when approaching a DUI checkpoint is essential. Here are some key rights you should be aware of:

• Right to Remain Silent – You are not required to answer questions about where you have been or whether you have been drinking. You may politely decline to answer and request legal representation.
• Right to Avoid the Checkpoint – If you see a DUI checkpoint ahead and it is possible to take a legal route to avoid it, you have the right to do so. However, making an illegal U-turn or engaging in erratic driving to avoid a checkpoint may give officers a reason to stop you.
• Right to Refuse Field Sobriety Tests – In Georgia, you are not legally required to perform field sobriety tests (such as the walk-and-turn or one-leg stand test). These tests are often subjective and can be used against you.
• Implied Consent for Chemical Tests – Georgia's implied consent law requires you to submit to a chemical test (breath, blood, or urine) if you are lawfully arrested for DUI. Refusing to take this test can result in an automatic license suspension.

How Weintraub & Alper Legal Can Help You

If you were arrested at a DUI checkpoint, you need a skilled Atlanta DUI checkpoint attorney to assess your case and develop a strong defense strategy. At Weintraub & Alper Legal, we analyze every aspect of your DUI stop to identify potential legal challenges, such as:

• Challenging the Legality of the Checkpoint – If officers did not follow legal procedures in setting up the checkpoint, we can challenge the validity of your arrest.
• Questioning the Officer’s Conduct – Any misconduct, improper procedures, or lack of reasonable suspicion can be grounds for dismissal.
• Challenging the Accuracy of Chemical Tests – Breathalyzers and other chemical tests can produce inaccurate results due to improper calibration, medical conditions, or external factors.
• Negotiating Reduced Charges or Alternative Sentences – If dismissal is not possible, we work to negotiate reduced charges, alternative sentencing, or enrollment in DUI diversion programs.

Contact us today at (404) 907-1536 to speak with our team about your case.