Posted by Jim Yeargan in Jim's Blog on October 17, 2018
No matter the degree of caution that you apply to drinking and driving, there is a significant possibility that eventually you will end up either charged for driving under the influence or in the middle of a DUI stop. For this reason, it is particularly helpful for drivers in Georgia to understand what to do and how to interact with law enforcement when driving through DUI checkpoints. If charges result from the DUI stop, you should not hesitate to obtain the assistance of an experienced DUI defense attorney.
Stop if Requested
There is a long line of court rulings including LaFontaine v. State that have upheld the legitimacy of Georgia DUI checkpoints. In cases like Michigan Department of State Police v. Sitz, the United States Supreme Court has also upheld the legality of checkpoints. For this reason, you must make sure to stop at a DUI checkpoint if you are asked to do so.
No one like passing through DUI checkpoints, but you should make sure to remain calm and relaxed. If you interact with law enforcement calmly and quietly, there will be less doubt that you are anything but an excellent and sober driver. You should also remain patient, regardless of how long you must wait because anger could be an indicator to the police of intoxication.
Have the Proper Documentation on Hand
It is a good idea to have your driver’s license, insurance, and registration information available for law enforcement to show that you have nothing to hide. Failure to provide law enforcement with this documentation could raise suspicion, and in the worst case, could even result in law enforcement being asked to search you or your vehicle.
Speak to Law Enforcement with Respect
The way that you talk to and interact with law enforcement can have a significant impact on how easily you pass through a DUI checkpoint. While you do not want to volunteer too much information, remaining silent can also result in complications. While it is okay to provide answers if you do not incriminate yourself, you should never attempt to provide justification for anything while confronted by law enforcement. For example, you should avoid telling law enforcement you had too much to drink or where it was that you consumed alcohol because these statements could then later be used against you in a court of law.
Follow Traffic Regulations
You are permitted to turn around if you notice that a DUI checkpoint is ahead of you. You should, however, under any circumstances make an illegal U-turn or any type of prohibited driving movement.
Speak with an Experienced DUI Attorney Today
If you or a loved one is charged with a DUI at a checkpoint or anywhere else, you should immediately contact a DUI attorney. At Yeargan & Kert, LLC, our legal counsel has helped numerous individuals create strong defenses to DUI charges. Contact us today to schedule an initial free consultation during which time we will discuss your various available offenses to respond to your DUI charge.