Are DUI Checkpoints Legal in Georgia?

Lots of people ask this question around Labor Day. DUI checkpoints usually pop up all over Cobb County on this holiday weekend. That’s because many people associate Labor Day with hot food, close friends, good football, and harmless fun. The State of Georgia’s definition of “harmless fun” might be quite different from your definition. And, at least for arrest purposes, the state’s definition is the only one that counts.

To answer this question, yes, DUI checkpoints are legal in Georgia, if they meet the requirements in Michigan Dept. of State Police vs. Sitz and other cases. Some of the major requirements in these cases are outlined below.

Checkpoints allow peace officers to circumvent the reasonable suspicion rule. This requirement states that officers must have specific, articulable facts to support a pull-over of a motorist or a detention of a person on a street. The Supreme Court has watered down this requirement in recent years, but the rule itself, which dates back to the 1960s, remains in force.

Because of the changing nature of the law, and also because these legal issues are complex, there’s no way to know if the checkpoint that nabbed you was legal unless a Marietta criminal defense attorney evaluates your case.

Legislative Authority

As the Supremes are prone to do, Sitz didn’t specifically authorize roadblocks. Instead, it gave individual states the authority to say yea or nay.

Thirty-eight states, including Georgia, authorized checkpoints in the wake of Sitz. A few states, not including Georgia, have passed laws in this area. These states include Hawaii, Nevada, Montana, and New Hampshire. Other states, including Wyoming and Wisconsin, have laws on the books that specifically prohibit roadblocks.

Most other states, including Georgia, are judicial authorization states. About a half-dozen judicial decisions in the Peachtree State are legal. So, most likely, DUI checkpoints will remain legal in Georgia, at least for the foreseeable future.

Supervisor Authorization

State laws or judicial decisions permit checkpoints in general. Only a law enforcement supervisor has the authority to set up a particular checkpoint. For the most part, the supervisor must also decide all checkpoint procedures. More on that below.

Who is a supervisor? No one is really sure. Typically, a supervisor is a person who is directly or indirectly accountable to voters. County sheriffs are directly accountable to voters. Police chiefs are indirectly accountable. Although they aren’t elected, they only answer to the mayor, who is elected.

Lower officials, like captains and maybe lieutenants, may be supervisors in this context. Officers below that level, such as sergeants, definitely are not supervisors.

Advance Notice

Police officers never run ads or post blogs about speed traps or officer patrol routes. A DUI roadblock is different. These checkpoints aren’t enhanced speed traps.

So, the sponsoring agency must advertise the checkpoint in advance. There are no hard and fast rules. There’s np need to take out a half-page ad in the local paper, but a Tweet a half-hour before the checkpoint goes into effect probably isn’t sufficient.

According to the Supreme Court, pre-checkpoint publicity must give motorists a chance to avoid the area entirely if they choose. A press release along with a couple of social media posts probably satisfies this requirement.

Neutral Formula

This DUI checkpoint requirement might be the most important one. Roadblocks aren’t random. Officers cannot stop certain vehicles if they, or their drivers, “don’t look right.”

A neutral formula is something like stopping every third vehicle. This setup allows officers to pull over lots of motorists but also keeps traffic flowing reasonably fast. If traffic backs up, officers have the discretion to change to another formula, like every fifth vehicle. This is the only discretion officers have. Otherwise, they must follow the original setup rules, which a supervisor laid out, to a T.

Safety First

Normally, checkpoints may only be on surface streets. They cannot be on highways or highway access ramps. Additionally, the checkpoint must usually be on a flat, straight stretch of roadway, so there are no visibility issues. Furthermore, the checkpoint itself must be well-lit.

On a related note, the roadblock must be in a part of town that’s associated with DUI. In 2015, the Chicago Police Department drew some fire in this area. Officers often set up checkpoints in non white areas, even though almost all DUI defendants are white. Additionally, these semi-legal checkpoints often netted more arrests for non-DUI offenses, such as probation violations and drug possession, than DUI violations.

Clear Signage

As mentioned, DUI checkpoints aren’t hybrid speed traps. Officers must deploy traffic cones or similar traffic control devices at least a quarter mile before the checkpoint. That space gives people a chance to turn around when they see the signs. Be aware that a squad car will probably tail you, at least for a mile or so, if your turnaround.

You have other rights at checkpoints as well, including the right to remain silent. Motorists must produce certain documents, such as proof of insurance and a driver’s’ license, for inspection. Otherwise, they don’t have to speak to officers or even roll down their windows.

Back to signage. In addition to traffic cones, the signage must clearly indicate the purpose of the checkpoint (DUI Roadblock Ahead) and motorist obligations (Have Drivers’ License and Proof of Insurance Ready).

Reasonable Time Limits

The R-word is very subjective. What’s reasonable to you might be unreasonable to someone else. As a rule of thumb, drivers can’t wait at checkpoints for more than about thirty seconds. That’s why officer may change the neutral formula if traffic backs up.

This requirement also applies to the frequency of checkpoints. Georgia law limits them to one a week. As a practical matter, these checkpoints are so expensive that law enforcement agencies only use them around Labor Day, New Years Day, and other holiday associated with drinking and driving.

There’s a difference between a criminal charge and a criminal conviction. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. Convenient payment plans are available.