Roadside Checkpoints

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Gainesville DUI Lawyer


The State of Georgia allows law enforcement to perform sobriety roadside checkpoints. However, there are several guidelines that police have to follow when performing sobriety checkpoints., such as:

  • Announcing the time and location of the checkpoint.
  • Having a legal basis for the checkpoint, such as higher than average levels of intoxicated drivers in that area.
  • Stopping every single vehicle that passes through the checkpoint.
  • An officer having probable cause before arresting someone for DUI
  • All checkpoints must be approved by a supervisor; law enforcement officers are not allowed to set up roadside checkpoints at their own discretion.

While stopped at a roadside sobriety checkpoint, you will be asked standard questions like your name and address - you will also need to provide your license and registration. You are required to provide these documents and answer these questions. Occasionally, an officer will ask you if you have been drinking. This is an attempt to establish probable cause in order to arrest you; you do not have to answer this question. While the officer is reviewing your documents he or she will look for indicators of impairment such as:

  • The smell of alcohol in the car
  • Open containers of alcohol
  • Slurred speech
  • Physical indications like poor eye-hand coordination
  • Admitting to drinking alcohol
  • Drug paraphernalia


If you have been arrested and charged with a DUI offense, you should contact a Gainesville DUI attorney immediately. The legal team at the Law Offices of Richard S. Lawson is poised to defend your case. We have over 20 years of experience working with clients who have been charged with DUI at a checkpoint and will investigate your charges thoroughly in order to form a strong defense for your case.

In some cases, the checkpoint procedure was not followed or there was an error in the arrest procedure. In these instances, your rights may have been violated. Your counsel can walk you through the process and help you defend yourself against the DUI charge.

Contact a Hall County DUI lawyer from the Law Offices of Richard S. Lawson for legal assistance in your DUI case.

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