As a Henry County DUI Lawyer, I am familiar with just how often DUI roadblocks are set up in the area. The frequency of roadblocks greatly increases during holiday weekends - especially holiday weekends where a lot of drinking and partying is to be expected. One of the most popular weekends is 4th of July weekend.
Even though DUI roadblocks are legal throughout the state of Georgia, there are rules and procedures that must be followed.
In today's post, I will outline the restrictions placed on DUI Roadblocks in Henry County.
DUI Roadblock Restrictions
A DUI Roadblock is subject to the following restrictions:
- The DUI roadblock must be setup for a legitimate purpose.
- The decision to implement the roadblock must be made as well as approved by a police supervisor.
- Every vehicle must be stopped - there can be
- The roadblock must be well-identified and clearly marked.
- The officers must be trained DUI Detection.
- The roadblock must not be randomly placed or a moving roadblock.
- The roadblock must not create an unreasonable burden on drivers and businesses.
It is important for you to know that if you or a loved one have been arrested for DUI in Henry County as the result of a roadblock - there is still hope for your case.
Most people believe that if they are arrested at a roadblock, then their case might as well already be decided. This could not be further from the truth. As you can see in the list above, the standards are relatively strict for a roadblock to be deemed as legal and acceptable. Not every roadblock follows the proper procedures.
Practice Note
Many arrests at checkpoints are the result of over-sharing of information with the police officer. You are only required to provide your basic information. Contact a Henry County DUI Attorney immediately if you have been arrested and charged with a DUI at a roadblock.
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