DUI Roadblocks

If there is no just cause for DUI roadblocks or checkpoints, it is easy to challenge the legality of the checkpoint. Criminal law attorney Richard Blevins is a former police officer who knows how to challenge the legality of an arrest at a roadblock.

The Legality of a Roadblock or Checkpoint

Many arrests occur DUI roadblocks. Police refer to the checkpoint as a DUI roadblock. Law enforcement officials cat set up a roadblock only when they follow specific guidelines. Setting up and enforcing a roadblock is an exception to the United States Constitution Fourth Amendment. Because the roadblock is an exception, this means that drivers cannot be stopped unless there is sufficient cause.

If there is no just cause for the checkpoint or roadblock, it is easy to challenge the legality of the checkpoint. It is important to be able to challenge the legality of an arrest for DUI. Attorney Richard Blevins is an experienced criminal defense lawyer who knows how to challenge the legality of arrests following DUI roadblocks.

Probable cause is required to arrest an individual. If there is no probable cause, there is no legal justification for the arrest. To establish probable cause, there must be adequate evidence to show that a crime occurred. The evidence supports the probable cause. Police officers are trained to observe certain behaviors and characteristic to show just cause for a DUI arrest. 

Signals Police Officers Look For At DUI Roadblocks

• The smell of alcohol on the individual.
• The DUI suspect admits to drinking.
• Glassy, bloodshot or watery looking eyes.
• A red face or flushed face.
• Difficulty opening their wallet to get their license.
• Slow to respond to questions.
• Difficulty following directions, general confusion.
• Trembling, shaking and difficulty walking.

The National Highway Safety Traffic Administration created the tests used to determine the detained individuals sobriety. The tests are used to establish probable cause for a DUI arrest.

What Could Make A Roadblock Invalid?

The decision to implement a roadblock must be made by supervisory personnel rather than the officers in the field. All vehicles must be stopped as opposed to random vehicle stops. The delay to motorists must be minimal. The roadblock must be well identified as a police checkpoint. The screening officer’s training and experience must be sufficient to qualify him or her to make an initial determination as to which motorists should be given field tests for intoxication. The roadblock program must have a primary purpose other than the general interest in crime control, which purpose was examined at the programmatic level.

Evidence From An Unconstitutional Roadblock May Be Thrown Out

If any of these requirements are lacking, the roadblock would not be constitutional. In that case, the charges may be eligible to be dismissed. However, as the legal arguments regarding the validity of a roadblock are complicated, one charged with a crime after being stopped at a roadblock should contact an experienced Atlanta DUI attorney, such as Richard Blevins.

Contact an Aggressive Criminal Defense Attorney Today

All clients needing criminal defense representation receive a free consultation. Learn how attorney Richard Blevins will protect your rights by calling 770-419-1945, or by contacting the firm online today.

Sandy Springs/Atlanta DUI Lawyer

Richard N. Blevins, Jr.

Former Cobb Assistant District Attorney | Former Cobb Assistant Solicitor General | Former Baldwin Co. Sheriff’s Deputy | Former DeKalb County Police Officer | Former Milledgeville Police Officer | Former U.S. Army M.P.

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