By: William C. Head, DUI Lawyer in the State of Georgia since 1976 and one of 4 defense lawyers at his Atlanta area law firm
In the states that permit drunk driving (DUI) checkpoints this weekend, state and local police departments that utilize DUI checkpoints decide when, where, and how often police checkpoints will be set up within their jurisdictions.
Police Checkpoints Tonight
Where are the DUI checkpoints near me tonight? Check your local source for roadblock locations first. Then, possibly the most reliable DUI checkpoint app, Waze, will route you around local roadblocks.
If you first looked on Amazon for a book on “how to beat a DUI case without a lawyer?” Good luck in challenging your roadblock without experienced legal counsel.
Police checkpoints are legally permissible, but only if they meet specific legal requirements for a DUI check of drivers passing through the impaired driving checkpoint. The primary online questions focus on “are DUI checkpoints legal?”
Not all can pass the constitutionality test, which is where a highly rated DWI lawyer or OWI attorney comes into the picture. Your case must be litigated in a court of law and evidence of illegality (e.g., lack of a proper DUI checkpoint notice) should be litigated.
If the checkpoint in question does not adhere to the criteria established by prior appellate court cases, including the United States Supreme Court, the warrantless roadblock will be considered a violation of the Fourth Amendment of the US Constitution. During holiday weekends, roads leaving lakes and ski locations may be maned as DUI checkpoints today near me.
If that happens in your case, all arrests at this check point location on that date and time can be declared to have been illegally operated. Before going out and encountering DUI checkpoints tonight near me, do your homework.
Where are the DUI checkpoints Listed in my State?
So, if you are going out on the town after work today, you should be on the lookout for DUI checkpoints tonight. Plus, for states that permit sobriety checks, occasional daytime DUI checkpoints will be used, just to let impaired drivers know that the local police are aggressively enforcing their police checkpoints.
The deterrence effect caused by knowing that police will be establishing DUI checkpoints today has the effect of making motorists who are drinking and driving rethink their decision-making. When a lack of prior planning results in a DUI arrest, the driver will call a DUI attorney for an initial free consultation about DWI laws or DUI laws in your jurisdiction.
Selecting DUI checkpoint locations. As an example of a state DUI checkpoint policy, the Georgia State Patrol mandates extra traffic enforcement laws training, including how to set up GA sobriety checkpoints.
However, beyond suggesting regular use of safety checkpoints or license checks, the local state highway patrol post in each area determines when to deploy their DUI checkpoints, but such decisions are to be made by supervisory officers. To declare DUI checkpoints unconstitutional, you’ll need to have DUI defense advocates investigate the law enforcement officers’ pre-published guidelines, that outline how and when a stop at a DUI roadblock is conducted.
- Should I submit to any field sobriety tests? No, never do these police tests. If you have had zero alcohol, the officer cannot legitimately claim to smell ethanol on your breath.
- What are my rights at a DUI checkpoint? You have the right to not answer questions beyond giving your correct name and correct address. You will not be permitted to call defense attorneys for advice, though.
- Do you have to give ID at DUI checkpoint? Your driver’s license should contain your name and address, and this is all you are required to give.
- How do I find local DUI checkpoints? Different states have different methods, including newspaper notices in the county’s “legal organ” publication, TV news announcements, or website publication of dates and locations.
- If asked to take the post-arrest implied consent test, should I give a DUI refusal answer to the breath alcohol test or blood extraction? No single right answer can be given here. In some states, an immediate license suspension or revocation of driving privileges follows a DUI checkpoint refusal to be tested.
Plus, only those who take the State’s implied consent test (after being arrested) are permitted to request being allowed to get an independent private test at a hospital or other medical facility.
Finally, some states, like Maine mandate jail time for those who refused testing and are later convicted of OUI in Maine. In fact, not even a 1st offender in that state could get an ignition interlock device immediately after conviction if that driver refused the implied consent testing.
More DUI Checkpoint Resources
If you’d like to learn more about DUI checkpoints, we have several articles on the topic. Read through some of our informative articles about DUI checkpoints below.