Are DUI checkpoints legal? | Marietta Criminal Defense Attorney
DUI checkpoints are actually legal here in Georgia, some states not but here in Georgia they are and there’s certain requirements for them. They have to be well marked so that you can tell it’s a checkpoint. There has to be a minimal amount of stopping of the traffic. So if it’s stopping traffic too much then it’s not legal there has to be a supervisor present on scene but he cannot be doing the actual investigations of the DUIs.
One of the things to remember when you pull up to a checkpoint you have the same rights that you have at any time that you’re actually stopped in a car. You don’t have to cooperate with any field tests whatsoever. You don’t have to blow in anything and you only have to present your driver’s license and insurance if asked. You don’t have to answer any questions. So that’s something that’s important to remember if you ever do come up on a roadblock or checkpoint.
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