| Currently, roadblocks are being used to | | | | A recent story in the news underlines the need |
| circumvent the need for probable cause to stop, | | | | for an Atlanta DUI lawyer well-versed in Georgia |
| interrogate, and search the occupants of motor | | | | DUI law and keeping a ear on local politics. At a |
| vehicles. The pretense might be a registration | | | | community forum in July 2010, Atlanta Police Chief |
| check, or a DUI checkpoint. The court system | | | | George Turner admitted to using unconstitutional |
| has allowed the practice of permitting police to | | | | roadblocks for general crime deterrence. |
| use roadblocks as a pretext to stop vehicles in | | | | The Atlanta Police Chief's dialogue went as follows: |
| search for violations, including DUI. Given that | | | | "When you look at where we place roadblocks, |
| police have a wide latitude to interpret impaired | | | | and the crime patterns in our community, you'll |
| driving, roadblocks give police an opportunity to | | | | see roadblocks in that area," Turner said. |
| unlawfully stop and search a vehicle without cause. | | | | Atlanta Police Chief Turner: "So it's a strategy, |
| Constitutionally, a Georgia DUI roadblock must | | | | one of the many strategies that we use to fight |
| meet the following checklist to be legal | | | | crime in the community. |
| 1. All vehicles must stopped, as opposed to | | | | Community Forum Participant: "To fight crime in |
| random stops | | | | general, including robberies, thefts ?" |
| 2. The delay to drivers must be minimal | | | | Atlanta Police Chief Turner: "Robberies, yes, to |
| 3. The roadblock need to be well-identified as a | | | | fight crime throughout the entire community." |
| police checkpoint | | | | Community Forum Participant: "Would that include |
| 4. The initial screening officer's training and | | | | drugs as well?" |
| experience needs to be sufficient to qualify him to | | | | Atlanta Police Chief Turner: "Sure." |
| make an preliminary determination as to which | | | | This dialogue uncovered that each and every |
| motorists ought to be given field sobriety tests | | | | Atlanta DUI roadblock implemented under Atlanta |
| for DUI | | | | Police Chief Turner's tenure could be interpreted |
| 5. The roadblock needs to be conducted pursuant | | | | as being used for general crime deterrence. If this |
| to a plan devised by supervisory personnel rather | | | | is so, it suggests that every single roadblock was |
| than officers in the field utilizing their unfettered | | | | illegal and each and every Atlanta DUI arrest |
| discretion, and, | | | | made at these roadblocks could be tossed out of |
| 6. The supervisory officers must have a | | | | court at a motion to suppress under the 4th |
| legitimate primary purpose for the roadblock | | | | Amendment as an illegal search and seizure. So do |
| other general crime deterrance. See generally, | | | | not think that you have to plea. Be sure to hire |
| Thomas v. State, 277 Ga. App. 88; 625 S.E.2d | | | | an experienced Georgia DUI attorney and have |
| 455 (2005). These factors are not general | | | | your Atlanta DUI case dismissed. |
| guidelines, but are minimum constitutional | | | | Georgia DUI Roadblocks - Legal or Illegal? |
| prerequisites. | | | | Have you been stopped at an Illegal Georgia DUI |
| How Atlanta Uses DUI Roadblocks | | | | Roadblock? |
