Rights of Atlanta Drivers at DUI Checkpoints

by Editorial Team

Rights of Atlanta Drivers at DUI Checkpoints

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.

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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.

by Editorial Team

Can You Sleep in Your Car While Drunk Without Getting a DUI in Georgia?

For many people, sleeping off alcohol in their car might seem like a responsible decision to avoid driving under the influence. However, in Georgia, the situation isn’t as simple as it seems. Depending on the circumstances, you could still be charged with a DUI even if your car isn’t moving. Understanding the laws around this issue is crucial to staying on the right side of the law.

The Legal Definition of DUI in Georgia

Under Georgia law, a person can be charged with Driving Under the Influence (DUI) if they are in “actual physical control” of a vehicle while impaired by alcohol or drugs. This definition is broader than simply driving a moving vehicle. Being in physical control of a car while intoxicated can still lead to a DUI charge, even if the car is parked.

What Does “Actual Physical Control” Mean?

The term “actual physical control” can be interpreted in several ways, and courts often look at various factors to determine whether someone was in control of the vehicle. These factors include:

• The Position of the Driver: Were you sitting in the driver’s seat? If so, this may indicate control of the vehicle.
• The Keys: Were the keys in the ignition or within reach? Having access to the keys can imply the ability to drive, even if the engine isn’t running.
• The Engine Status: Was the engine on or off? An engine that’s running may suggest intent to drive.
• The Vehicle’s Location: Were you parked on private property, in a parking lot, or on a public road? Being in a public space increases the likelihood of a DUI charge.

When Sleeping in Your Car Can Lead to a DUI

Even if your intention was to “sleep it off,” law enforcement may interpret your actions as evidence that you were in control of the vehicle and possibly intended to drive. Here are scenarios where you could be at risk:

1. Keys in the Ignition: If your keys are in the ignition, even if the engine is off, this may be enough for an officer to conclude that you were in control of the vehicle.
2. Engine Running: Turning on the engine, even just to use the heat or air conditioning, could indicate that you intended to drive.
3. Public Parking Lots or Roads: If your car is parked in a public area, an officer may assume you had been or intended to drive.

Tips to Avoid a DUI While Sleeping in Your Car

If you feel you have no choice but to sleep in your car after drinking, taking precautions can help minimize your risk of being charged with a DUI:

1. Don’t Sit in the Driver’s Seat: If possible, move to the back seat to show that you are not in control of the vehicle.
2. Keep the Keys Out of Reach: Place your keys somewhere inaccessible, like the trunk or outside the vehicle, to eliminate the appearance of intent to drive.
3. Turn Off the Engine: Avoid turning on the engine, even for climate control. Use blankets or additional clothing to stay warm instead.
4. Park on Private Property: If possible, park your car on private property with permission, as DUI laws often focus on public roadways.

What to Do If You’re Arrested for Sleeping in Your Car While Drunk

If you are arrested for a DUI under these circumstances, it’s essential to contact an experienced DUI lawyer immediately. An attorney can investigate the specifics of your case and help challenge the evidence. Some potential defenses include:

• No Intent to Drive: Demonstrating that you had no intention of driving while intoxicated.
• Improper Police Procedure: If law enforcement did not follow proper protocol, evidence against you may be challenged.
• Actual Physical Control: Arguing that you were not in “actual physical control” of the vehicle at the time of the arrest.

Conclusion

While sleeping off intoxication in your car might seem like a responsible decision, it can still lead to a DUI charge in Georgia depending on the circumstances. The safest choice is to plan ahead and arrange for a ride home or stay at a friend’s place to avoid putting yourself in a risky situation.

If you’ve been charged with a DUI for sleeping in your car, you need a knowledgeable DUI lawyer who understands Georgia’s laws and can build a strong defense. Contact Attorney Richard Blevins, known as DUI Rich, at 470-396-0211 to discuss your case and protect your rights.

by Editorial Team

Understanding OCGA 40-6-391: DUI Laws in Georgia and Your Next Steps

If you’ve recently found yourself searching for OCGA 40-6-391, you may be dealing with a DUI charge in Atlanta. Facing this situation can be overwhelming, but understanding the law and your options is the first step toward resolving it. This article will break down the statute, explain what it means for you, and guide you on your next steps.

What is OCGA 40-6-391?

OCGA 40-6-391 is Georgia’s law governing driving under the influence (DUI). It makes it illegal to operate a vehicle under the following conditions:

1. Alcohol Impairment:
   • A driver’s blood alcohol concentration (BAC) is 0.08% or higher for drivers aged 21 or older.
   • For commercial drivers, the limit is 0.04% BAC.
   • For drivers under 21, the limit is 0.02% BAC.
2. Drug Impairment:
   • Driving under the influence of prescription, over-the-counter, or illegal drugs that impair your ability to drive safely.
3. Combination of Alcohol and Drugs:
   • Any combination of substances that impairs your driving.
4. Less Safe Drivers:
   • Even with a BAC below the legal limit, you can be charged if your ability to drive is noticeably impaired by alcohol or drugs.
5. Toxic Vapors:
   • Operating a vehicle while under the influence of toxic vapors, such as glue or aerosol, is also prohibited.

What Happens After a DUI Arrest in Atlanta?

A DUI arrest triggers a series of legal and administrative actions. Here’s what to expect:

• License Suspension: If you refuse a breathalyzer or your BAC exceeds the legal limit, your driver’s license may be suspended.
• Criminal Charges: You’ll be formally charged under OCGA 40-6-391, which carries penalties like fines, jail time, community service, and mandatory DUI classes.
• Court Appearances: You’ll be required to appear in court to answer the charges.

Why Understanding OCGA 40-6-391 is Important

A DUI conviction can have serious consequences, including:

• High fines and court costs
• Jail time (depending on the severity of the offense or prior convictions)
• Suspension or revocation of your license
• Increased car insurance premiums
• A permanent criminal record

Understanding the charges against you can help you make informed decisions about how to proceed.

What Should You Do Next?

Here are the steps you should take immediately after being charged with a DUI in Atlanta:

1. Don’t Panic: A DUI charge is serious, but it’s something you can address with the right legal help.
2. Understand Your Rights: You have the right to remain silent and the right to an attorney. Use these rights to protect yourself.
3. Contact a DUI Attorney: Hiring an experienced DUI attorney, like Richard Blevins (DUI Rich), can make a significant difference in your case. Richard has extensive experience in defending DUI charges and knows how to navigate Georgia’s DUI laws to work toward favorable outcomes for his clients.
4. Request a Hearing to Save Your License: If your license has been suspended, you have only 30 days to request an administrative license suspension (ALS) hearing or apply for an ignition interlock device limited permit. Missing this deadline could result in losing your driving privileges.
5. Prepare for Court: Work closely with your attorney to gather evidence, review police procedures, and build your defense.

How DUI Rich Can Help

Richard Blevins, known as DUI Rich, has been defending DUI clients in Atlanta since 2005. His background as a former prosecutor and law enforcement officer gives him a unique perspective on DUI cases. He has completed advanced DUI detection and field sobriety training, equipping him with the skills to challenge improper arrests or testing procedures.

By working with DUI Rich, you gain a dedicated advocate who can:

• Examine the details of your arrest for errors or violations of your rights
• Challenge BAC or field sobriety test results
• Negotiate with prosecutors to reduce or dismiss charges
• Represent you in court to seek the best possible outcome

Don’t Face a DUI Charge Alone

If you’re facing a DUI charge under OCGA 40-6-391, time is of the essence. Contact DUI Rich at 470-396-0211 for a consultation. With the right legal guidance, you can navigate this challenging time and work toward the best resolution for your case.

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