DUI

DUI Checkpoints in Georgia: Your Rights and Legal Authority

What is are DUI Checkpoints?

DUI checkpoints, also known as sobriety checkpoints, are police roadblocks in a predetermined location where law enforcement officers stop vehicles to check drivers for signs of impairment. Police typically set up sobriety checkpoints during times when impaired driving incidents are more likely, such as weekends and holidays. DUI checkpoints serve the compelling governmental interest of protecting public health and safety.

In Georgia, police conduct DUI checkpoints according to strict guidelines because they must pass constitutional muster. DUI Checkpoints must not violate any provisions of the U.S. Constitution or the Georgia Constitution. These guidelines include criteria for selecting checkpoint locations, procedures for stopping vehicles, and protocols for assessing driver impairment.

Sobriety Checkpoint

“A roadblock is satisfactory where [1] the decision to implement the roadblock was made by supervisory personnel rather than the officers in the field; [2] all vehicles are stopped as opposed to random vehicle stops; [3] the delay to motorists is minimal; [and] [4] the roadblock operation is well identified as a police checkpoint….” (Punctuation omitted.)

Brown v. State, 293 Ga. 787, 750 S.E.2d 148 (Ga. 2013); McCoy v State, 303 Ga. at 553, 814 S.E.2d 319, quoting Brown , 293 Ga. at 793 (2) (b), 750 S.E.2d 148.

“The State need no longer show, however, [833 S.E.2d 301] that “the screening officer’s training and experience is sufficient to qualify him to make an initial determination as to which motorists should be given field tests for intoxication[.]” (Punctuation omitted.) Id. Rather, the State is now required to show only that “the screening officer had reasonable, articulable suspicion to refer the defendant for further detention and field tests.” McCoy , 303 Ga. at 556, 814 S.E.2d 319.” 

Turner v. State, 833 S.E.2d 299, 352 Ga. App. 122 (Ga. App. 2019).

Your Rights at a DUI Checkpoint

Here are some of your rights when approaching or encountering a DUI checkpoint in Georgia:

Stopping at DUI Checkpoints:

You are legally required to stop as directed by law enforcement at a DUI checkpoint.  If a police officer asks for identification, you must provide your name and identification.  The operator of a motor vehicle must have on their person a valid license to drive and proof of insurance.

Evading a DUI Checkpoint:

An attempt to evade the checkpoint might serve as reasonable articulable suspicion for a traffic stop. Turning without using an indicator or an abrupt U-turn could be suspicious.  Nevertheless, turning around to avoid a traffic jam may not be a reasonable suspicion that would justify a stop.  In fact, the delay to motorists can only be minimal.

Minimal Detention:

While DUI checkpoints are legal, police officers are not permitted to detain you for an extended period without reasonable suspicion of impairment or another crime.  An open container in plain view is reasonable suspicion.

Standardized Field Sobriety Testing:

You do not have to submit to field testing. No negative inference is admissible in court for refusing testing. You do not need to take the eye tests (“HGN” or “VGN”), walk and turn, one legged stand, nor any other divided attention test. Similarly, a prosecutor cannot use a refusal to submit to a breath test against a defendant because it violates protections against self-incrimination.

Know Your Rights at a DUI Checkpoint:

You have the right to remain silent. You also have the right to refuse a field sobriety test or portable breathalyzer test. However, refusing a chemical test of your blood or urine, whichever is specific by the office, and following arrest for DUI and the appropriate Georgia Implied Consent warning for your age, can result in more severe administrative penalties, such as the suspension of your driver’s license without a limited permit.

Document the Encounter

Make notes of the details as soon as possible after an arrest for DUI.  Immediately consult with a DUI lawyer. The DUI area of law is very specialized, much like a doctor specializing in a medical procedure.  DUI Defense contains a complicated history of statutes and case law that governs DUI probable cause, DUI checkpoints, Georgia Implied Consent, Automatic License Suspension (“ALS”), and motions filing deadlines. A DUI lawyer will very likely identify defenses of which you are unaware.

person holding clear plastic cup with orange straw

Legal BAC in Georgia: Your Guide to Responsible Drinking

“What is the legal BAC limit in Georgia?” It’s a question of paramount importance. As the sun sets over the Peach State and the weekend festivities begin, many Georgians and visitors find themselves pondering this common question. Understanding and adhering to these limits can mean the difference between a safe night out and a potential run-in with the law.

In this comprehensive guide, we’ll delve into the legal alcohol limit in Georgia, exploring the rules, regulations, and consequences associated with alcohol consumption. By the time you’ve finished reading, you’ll have a clear understanding of your rights and responsibilities as a drinker in the state of Georgia.

The legal BAC limit in Georgia for alcohol consumption is determined by one’s Blood Alcohol Concentration (“BAC”). BAC is a measure of the percentage of alcohol in a person’s bloodstream. Law enforcement can use this measure as an objective indicator of a person’s level of intoxication. It is typically expressed as a percentage.

The legal BAC in Georgia for non-commercial drivers is 0.08. This means that if your BAC level reaches or exceeds 0.08, a police officer will consider you legally impaired. Operating a vehicle under these conditions is the criminal offense of Driving Under the Influence (“DUI”). It is important to note, even if your BAC is below this limit, a police officer can still charge you with DUI if your ability to operate a vehicle is impaired due to alcohol or drugs.

First of all, understanding the legal BAC limit in Georgia is crucial. Equally important is comprehending how various BAC levels can affect your body and behavior before reaching legal BAC in Georgia:

  1. BAC 0.02 to 0.03. At this level, you may begin to feel relaxed, and your inhibitions might decrease slightly. Nevertheless, your judgment and coordination should remain relatively unaffected. In Georgia, drivers under the age of 21 can face penalties for any detectable amount of alcohol in their system, so even a BAC in this range can be problematic for young drivers.
  2. BAC 0.05 to 0.07. As your BAC rises, you may experience impaired judgment, reduced coordination, and difficulty focusing. Your inhibitions may decrease further, which can lead to riskier behavior. Driving at this level can still result in DUI charges.
  3. BAC 0.08 and above. Once your BAC reaches or exceeds 0.08, you are legally impaired in Georgia, and you can be arrested for DUI. At this point, the alcohol has compromised your motor skills, reaction times, and judgment, making it dangerous to operate a vehicle.

Georgia takes DUI offenses seriously, and the penalties for exceeding the legal BAC limit in Georgia can be severe. The consequences vary based on factors like prior convictions, the presence of minors in the vehicle, and the exact BAC level. Here’s an overview of some, but not all, of the penalties for a first-time DUI offender with a BAC of 0.08 to 0.09:

  1. License Suspension. For Georgia license holders, the Georgia Department of Driver Services can withdraw or suspended your driver’s license for up to one year.
  2. Fines. A Judge can fine you between $300 and $1,000.
  3. Probation. A Judge can sentence you to 12 months of probation.
  4. Alcohol Education Program. Completion of a DUI Alcohol or Drug Use Risk Reduction Program is mandatory and a Substance Abuse Risk Assessment and any recommended treatment.
  5. Community Service. Expect a minimum of 40 hours of community service.
  6. Ignition Interlock Device. In some cases, a Judge may require you to install an ignition interlock device on your vehicle at your expense.

For subsequent DUI offenses or higher BAC levels, penalties become increasingly severe, potentially leading to lengthy license suspensions, significant fines, and even jail time.

Zero Tolerance for Minors

Georgia has a strict “zero tolerance” policy for underage drinking and driving. The legal blood alcohol concentration (BAC) limit in Georgia for under 21 drivers is 0.04. For drivers under the age of 21, any detectable amount of alcohol in their system can lead to serious consequences. Penalties for minors include license suspension, fines, and mandatory alcohol education programs. Even if a DUI charge is reduced to reckless driving, and driver under 21 may receive a license suspension for reckless driving. It’s crucial for young drivers to be aware of these strict rules to avoid jeopardizing their driving privileges.

In Georgia, like in many other states, drivers are subject to implied consent laws. When you obtain a driver’s license in Georgia, you are automatically giving your consent to be tested for alcohol or drugs if a Georgia police officer has probable cause to arrest you for DUI. In fact, if you refuse to provide a requested sample of your blood, breath, or urine, after being arrested for DUI, then Driver’s services can automatically suspend your driver’s license.

Alternatives to Driving Under the Influence

As I have explained, there are legal consequences and potential harm associated with driving under the influence. Instead, consider the following alternatives.

  1. Designated Driver. Appoint a designated driver in your group who abstains from drinking alcohol for the evening and ensures everyone gets home safely.
  2. Public Transportation. Utilize public transportation, such as buses or taxis, to get home safely.
  3. Rideshare Services. Use rideshare services like Uber or Lyft to ensure you have a sober ride home.
  4. Stay Overnight. If you’re at a friend’s house or a hotel, consider staying overnight instead of risking a DUI charge.
  5. Non-Alcoholic Alternatives. Opt for non-alcoholic beverages if you’re the designated driver or if you’ve already consumed alcohol and shouldn’t be driving.

Conclusion

Understanding the legal alcohol limit in Georgia is essential for anyone who enjoys consuming alcoholic beverages. Operating a vehicle while impaired not only puts your safety at risk but can also lead to serious legal consequences, including fines, license suspension, and even incarceration.

It’s crucial to prioritize responsible drinking and always have a plan for a sober ride home when you’ve been drinking. By doing so, you not only protect yourself but also contribute to safer roads and communities across the state of Georgia. Remember, the legal alcohol limit is in place to keep everyone safe, so always drink responsibly.

Probable Cause for DUI

Probable Cause for DUI Arrests in Georgia

Introduction to Probable Cause

In Georgia, law enforcement officers must have a legally valid reason, known as “probable cause,” to make a DUI arrest. What constitutes probable cause for DUI in Georgia is a legal concept that plays a crucial role in defending a DUI case.

What is Probable Cause for a DUI Arrest?

Probable cause is a legal standard. It exists when there is a reasonable belief that a crime has been, is being, or will be committed. It is based on the available facts and evidence at that moment. In the context of a DUI arrest, MOST PEOPLE THINK it exists when it does not! Sometimes, an officer has evidence that a driver is operating a vehicle while under the influence of alcohol or drugs. THAT IS INSUFFICIENT FOR DUI!

“The probable cause needed to conduct an arrest for DUI requires that the officer have knowledge or reasonably trustworthy information that a suspect was actually in physical control of a moving vehicle while under the influence to a degree which rendered the suspect incapable of driving safely.”  State v. Damato, 690 S.E.2d 478 (Ga. App. 2010). Even if there is actual physical control of a motor vehicle after drinking alcohol, it is not probable cause for DUI. Id. It is important to utilize the services of a DUI lawyer. A DUI lawyer will analyze the factors of probable cause. Next, they will point out factors that are NOT present.

Factors Contributing to Probable Cause for DUI Arrest

Observable Behavior

Law enforcement officers can use their training and experience to identify signs of impaired driving. Erratic driving, swerving, drifting between lanes, sudden braking, and driving well below the speed limit can all be indications of impaired driving.

Traffic Violations

First off, an officer may observe traffic violations that are not DUI, such as running red lights, not using turn signals, or making illegal U-turns. Second, the violations can provide officers with a reason to initiate a traffic stop. Third, during the interaction, the officer may notice signs of impairment

Physical Symptoms

Officers train to observe physical symptoms of impairment during the traffic stop. These symptoms can include bloodshot or watery eyes, slurred speech, a strong odor of alcohol or drugs, and difficulty in producing identification or answering questions coherently.

Divided Attention and Standardized Field Sobriety Tests (“SFST”) for Probable Cause

Divided attention tests are commonly administered by officers to assess probable cause for DUI. These tests aim to evaluate an individual’s ability to multitask and maintain focus on multiple tasks simultaneously, simulating the demands of driving. Divided attention tests often include exercises such as the Walk and Turn test, where the individual must walk a straight line, heel-to-toe, turn, and repeat, while following specific instructions. Another test is the One-Leg Stand, where the person must balance on one leg while counting aloud. These tests help law enforcement officers gauge a driver’s physical coordination, cognitive function, and capacity to divide attention between different tasks, aiding in their determination of whether the driver is under the influence and poses a risk on the road. However, it’s important to note that the accuracy of these tests can be influenced by various factors, such as individual characteristics and environmental conditions.

The Battery of Standardized Field Sobriety Tests

If the officer has reasonable suspicion of impairment after the initial stop, they may ask the driver to perform standardized field sobriety tests. For instance, in Georgia, officers use a battery of three standardized field sobriety tests. The three tests are the horizontal gaze nystagmus (“HGN”) test, and as previously mentioned, the walk-and-turn (“WAT”) test, and the one-leg stand (“OLS”) test. To be admissible evidence, officers must perform the three test in order, that is, HGN, WAT, then OLS. Officers must also perform the tests according to all of the other established standards. Each test, if performed according to the guidlenes established by the National Highway Traffic Safety Administration, can be used to determine blood alcohol content (“BAC”) with a degree of scientific reliablity. These tests are also designed to assess the driver’s physical and cognitive abilities. Failing these tests can contribute to the officer’s probable cause for DUI determination.

Preliminary Breath Test (“PBT”)

Officers might use a preliminary breath test to estimate the driver’s blood alcohol concentration (“BAC”) at the scene. Results of a PBT are not admissible in court to establish BAC. Nevertheless, results of a PBT can establish presence of alcohol, which may contribute to probable cause.

Admission of Consumption

Admitting to consuming alcohol or drugs can contribute to the establishment of probable cause. Above all, it’s important to note that drivers have the right to remain silent. Most importantly, drivers do not have to answer incriminating questions.

Probable cause for DUI is a critical element in protecting the rights of individuals. If an officer does not have probable cause for DUI, then evidence collected during the arrest is inadmissible in court. Officers must follow proper procedures and adhere to legal standards during an arrest.

Conclusion

Understanding probable cause for DUI arrests in Georgia is essential for both law enforcement officers and citizens. To sum it up, officers mistake or confuse signs of impaired driving. A driver arrested for DUI should challenge an officer’s alleged findings. However, DUI law is very technical and scientific. Many people do not know their rights during a DUI traffic stop. Like wise, most people do not know the scientific standards in a DUI arrest, and if they do, they lack the experience to successfully defend a DUI case in court. By upholding the legal standard of probable cause for DUI, a DUI lawyer can succeed in defending a DUI arrest. If you find yourself in a situation with a DUI arrest, seeking legal counsel is crucial to protect yourself.