Sobriety Checkpoints in Savannah, GA
Do Sobriety Checkpoints Violate My 4th Amendment Rights?
All citizens are protected from unreasonable search and seizures under the Fourth Amendment of the United States Constitution, which means that a police officer must have probable cause or a warrant to search your property. Although this fundamental protection would apply if you were subjected to an unlawful traffic stop, there has been much debate over the legality of scheduled sobriety checkpoints.
Law enforcement agencies continue to use these blanket checkpoints as a way to catch drunk drivers in the act, but since they do not have probable cause to assume that any of the drivers who are passing through the roadblock are actually under the influence, many have argued that such action is unconstitutional. Even so, the Supreme Court has continued to justify the use of sobriety checkpoints on the basis that reducing drunk driving outweighs the infringement on the drivers' rights.
Can You Turn Around Before A DUI Checkpoint?
If you are approaching a DUI checkpoint and can legally make a turn onto a street that avoids the DUI roadblock, it is not against the law. However, if you pull an illegal U-turn or turn in any other way that violates a traffic law, you may be detained by a police officer.
How Can I Fight a DUI Stemming From a Sobriety Checkpoint in Georgia?
According to the guidelines that have been set out by the National Highway Traffic Safety Administration (NHTSA), law enforcement agencies must follow strict regulations when implementing a scheduled sobriety checkpoint.
- First, they are required to give drivers adequate warning before setting up a roadblock.
- Second, police presence must be obvious when approaching the checkpoint.
- Finally, drivers must have a way in which to drive around the sobriety checkpoint if they do not wish to participate.
If any of these regulations were violated during the time of your arrest, the legality of the charges could be challenged by your Savannah DUI lawyer. For this reason, we encourage you to discuss your case with the legal team at Schneider Lerch Montgomery, LLC today if you were arrested for driving under the influence after passing through a sobriety checkpoint. Schedule your confidential case evaluation today!
At Schneider Lerch Montgomery, LLC, you have an entire legal team on your side when dealing with serious criminal matters. We are ready to help you obtain the best possible outcome in your case.