By: William C. Head, Criminal Defense Attorney Atlanta GA and ABA Board-Certified DUI Attorney
Since 1990, the United States Supreme Court (in Michigan State Police vs Sitz) has held that the public safety purpose of deterring drunk driving justified an exception to the Fourth Amendment’s protections against interdicting motorists at randomly-established police stops when no crime had first been detected. Police DUI checkpoint locations can be established virtually anywhere in GA, so long as the law enforcement agency has a proper purpose, warrantless police stops at DUI roadblocks are legal in Georgia.
The checkpoint location must be pre-approved by supervisory personnel of that police department, pursuant to a law enforcement department plan that has been put in place on a “global” or programmatic level. The fact that a roadblock for traffic safety purposes can be utilized in almost any location for DUI checkpoints makes the task of anticipating or finding where DWI checkpoint locations are being implemented a very difficult task. Checkpoint apps (in most states) are all but useless, and police are savvy to the use of a roadblock app (like WAZE) by persons seeking to circumvent Georgia DUI laws targeting drunk drivers by re-routing them around sobriety checkpoints.
The pre-roadblock approval of sobriety checkpoints by supervisory police personnel, of a written, publicly-available programmatic level document, that protects against unconstitutional methods of targeting any person, group or business provides a level of accountability from police, which is an arm of the State. Any checkpoint location that fails this initial requirement is unconstitutional, by virtue of violating the 4th Amendment, protecting our citizenry from warrantless, “suspicion-less” searches and seizures.
This Fourth Amendment protection, for a written, pre-approval process assures that no improper purposes exist for setting up an ad hoc DUI checkpoint location (e.g., harassing patrons of a bar, restaurant, strip club or even a religious group) that would be contrary to due process of law, equal protection laws or other constitutional provisions. Police sobriety checkpoint locations need to be hidden from view, so many are established on the other side of a hill, or around a corner, and a chase car is set up to go after anyone trying to circumvent the roadblock.
More criteria for police checkpoint locations must be proven by police if they are challenged by a top Atlanta DUI lawyer at a pretrial suppression motion after you are arrested. But, all drivers in states permitting DUI checkpoints must accept the fact that a person may encounter roadblocks almost anywhere, and prepare himself or herself by knowing their legal rights:
ABA Board-Certified DUI defense attorney William C. “Bubba” Head and his law partners, Atlanta DUI lawyer Larry Kohn and Atlanta DUI attorney Cory Yager offer a FREE lawyer consultation and GA DUI case review. If your app for DUI checkpoint locations did not work, get a FREE case analysis by an experienced Atlanta DUI lawyer with high attorney ratings. Let us outline and review your pending criminal charges under DUI laws in Georgia.
Call our DUI attorneys in Atlanta GA now to evaluate your chances to beat a drunk driving charge made at a DUI checkpoint or from a traffic stop. Our lawyers for DUI defense talk to citizens in need of our legal services 24 hours a day to help you relieve stress and uncertainty, and let you try to get a good night’s sleep. Speak with a partner at our Atlanta DUI law firm now at (404) 567-5515.
Although we are lawyers in Atlanta, we travel to every corner of the state, and have victories in almost every Georgia county, including in these remote counties: Dade, Thomas, Grady, Whitfield, Savannah-Chatham, Lowndes, Troup, Athens-Clarke, Baker, Camden, Glynn, Augusta-Richmond, Bryan, Liberty, Bulloch, Oglethorpe, Washington, Coweta, Henry, McDuffie, Wilkes, Elbert, Hart, Franklin, Rabun, Towns, Union, Fannin, Macon-Bibb, Columbus-Muscogee, and dozens of others both large and small.
Our DUI attorney Atlanta law office offers this service to prospective clients because MANY people erroneously think that their cases cannot be won. Our criminal defense attorneys have won MANY cases worse than yours – guaranteed.
During this NO-COST, DUI lawyer consultation, Mr. Head or one of his partners can go over your DUI lawyer cost. They can discuss possible expert witness costs if a trial is elected by you. We offer reasonable PAYMENT plans for those who MUST WIN their cases. Mr. Head has uncovered hundreds of DUI defenses in drunk driving cases like yours and can answer your questions about your DUI Georgia court procedures.
More than 20 years ago, Bubba Head wrote the book on Georgia DUI law and lays out scores of successful DUI defenses. That book, The Georgia DUI Trial Practice Manual, is over 1200 pages long and sites over 3000 Georgia DUI cases. If you can speak to the Atlanta DUI lawyer who wrote the definitive drunk driving book on how to beat a DUI, 101 Ways to AVOID a Drunk Driving Conviction,” and DO IT FOR FREE, why would you NOT call?
Today, all three Law Partners are published authors, with both Cory Yager and Larry Kohn being asked to write chapters in separate drunk driving books. In comparing credentials, what could be more impactful to your chances of winning than being represented by the man who wrote the book?
Mr. Head is Board-Certified in drunk driving defense. Board-Certification is the legal industry’s highest standard for DUI defense and is a benchmark of recognition of specialization in the criminal law specialty field. Criminal defense is a general practice area, while DUI defense is a sub-specialty for a criminal defense lawyer who specializes in defending citizens.