DUI Checkpoints

by Editorial Team

Rights of Atlanta Drivers at DUI Checkpoints

An Atlanta police officer engages with a motorist during a DUI checkpoint stop, highlighting common procedures.

As a DUI defense attorney in Atlanta, GA, with over two decades of experience, I’ve seen how DUI checkpoints can catch drivers off guard. I’m Attorney Richard Blevins—known as DUI Rich—and I’ve been defending clients charged with DUI since 2005. With my background as a former prosecutor, law enforcement officer, and extensively trained DUI specialist, I’ve conducted countless DUI stops myself and now use that insider knowledge to protect drivers’ rights. Today, April 2, 2025, I’m here to break down what Atlanta drivers need to know about their rights at DUI checkpoints and how to navigate these encounters effectively.

DUI Checkpoints: Legal, But Limited

In Georgia, DUI checkpoints—also called sobriety checkpoints—are legal under both state and federal law, as upheld by the U.S. Supreme Court in Michigan Dept. of State Police v. Sitz (1990). The Georgia Supreme Court has also affirmed their constitutionality, provided they meet strict guidelines. Police can’t just set up a roadblock anywhere and start questioning drivers at random. The checkpoint must have a legitimate purpose (like reducing impaired driving), be pre-planned by supervisory officers, and operate in a way that minimizes intrusion on drivers’ Fourth Amendment rights against unreasonable searches and seizures.

• Learn more about pulling over to sleep if you’re intoxicated

For Atlanta drivers, this means you’re likely to encounter checkpoints on major roads like I-85, Peachtree Street, or near popular nightlife areas like Midtown or Buckhead, especially during holidays or weekends. But just because they’re legal doesn’t mean you’re powerless. You have rights, and knowing them can make all the difference.

Your Rights at a DUI Checkpoint

1. The Right to Avoid the Checkpoint (If Possible)
   You’re not obligated to drive through a checkpoint if you can legally avoid it. If you see signs or cones ahead and can make a lawful turn onto another street before reaching the officers, you’re within your rights to do so. As a former DeKalb County police officer who’s run these operations, I can tell you that police often watch for “avoidance behavior,” but turning away isn’t illegal unless you break traffic laws—like making an illegal U-turn or speeding. If they stop you for avoiding the checkpoint without a traffic violation, that stop could be challenged in court.
2. The Right to Remain Silent
   Once you’re at the checkpoint, you must provide your driver’s license, registration, and proof of insurance if asked—these are basic requirements under Georgia law. Beyond that, you’re protected by the Fifth Amendment. You don’t have to answer questions like, “Have you been drinking?” or “Where are you coming from?” Politely saying, “I’d rather not answer,” is your right. Officers might press you, but my experience as a former Cobb County prosecutor tells me they need more than your silence to justify further action.
3. The Right to Refuse Field Sobriety Tests
   If an officer suspects you’re impaired—maybe they smell alcohol or notice slurred speech—they might ask you to step out for field sobriety tests (FSTs), like the walk-and-turn or one-leg stand. Here’s the key: these tests are voluntary in Georgia. You can respectfully decline. I’ve completed NHTSA’s DUI Detection and Field Sobriety Testing Instructor’s course—the same training police get—and I know these tests are subjective and often flawed. Refusing won’t stop an arrest if they already have probable cause, but it limits the evidence they can use against you later.
4. The Right to Refuse a Preliminary Breath Test
   Officers might offer a handheld breathalyzer at the checkpoint. This isn’t the official state-administered test—it’s a preliminary tool. You can refuse it without immediate legal penalty because it’s not covered by Georgia’s Implied Consent Law until after an arrest. I’ve operated these devices as a police officer, and they’re not foolproof. Declining can keep shaky evidence out of your case.
5. The Right to Understand Implied Consent After Arrest
   If you’re arrested at the checkpoint, the officer will read you Georgia’s Implied Consent warning, requiring a breath, blood, or urine test. You can refuse, but it triggers a one-year license suspension and can be used against you in court (except for breath test refusals, per Elliott v. State in 2019). Knowing when and how to exercise this choice is critical—I’ve helped clients navigate this decision to minimize consequences.
6. The Right to a Lawful Checkpoint
   Police must follow strict rules: the checkpoint must be clearly marked, publicized in advance (often via local news or social media), and applied uniformly to all drivers. If they deviate—like targeting you without cause or failing to document the checkpoint’s plan—I can challenge its legality. My 1,000+ hours of police training and jury trial experience across Georgia give me the tools to spot these violations.

What to Do at a DUI Checkpoint

• Stay Calm and Polite: Roll down your window, provide your documents, and keep interactions brief. Rudeness can escalate the situation.
• Know Your Limits: Don’t volunteer information. If asked about drinking, you can say, “I’d prefer not to discuss that.”
• Record If Safe: Georgia is a one-party consent state for recording, so you can discreetly record the stop (e.g., with your phone) as long as it doesn’t interfere with the officer.
• Call Me Immediately: If you’re detained or arrested, don’t say more until you’ve spoken with me. A DUI charge can unravel your life—your job, reputation, and freedom are on the line.

How These Rights Impact Your Defense

In my 20 years defending DUI cases, I’ve seen checkpoints lead to arrests that don’t hold up. Maybe the officer lacked reasonable suspicion to detain you beyond the initial stop, or the checkpoint didn’t follow protocol. As a former Baldwin County Sheriff’s Deputy and Milledgeville police officer, I’ve testified in court about DUI stops—now I use that insight to dismantle weak cases. I’ve won not guilty verdicts and reduced charges by challenging everything from field sobriety test administration to the checkpoint’s setup.

Facing a DUI Checkpoint Charge? I’ve Got Your Back

Atlanta drivers don’t have to face DUI checkpoints alone. With my unique background—former U.S. Army Military Police, Georgia P.O.S.T.-certified officer, and John Marshall Law School graduate—I’m equipped to protect your rights and fight your case. A DUI conviction can mean jail time, fines, and a suspended license, but the right defense can change the outcome. Contact me, Attorney Richard Blevins, at 470-396-0211 today. Let’s ensure your rights are upheld and your future stays intact.

Richard N. Blevins, Jr., DUI Attorney in Atlanta, GA, brings unmatched experience as a former prosecutor, law enforcement officer, and defense counsel to every case. Known as DUI Rich, he’s been defending Georgia drivers since 2005.