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Atlanta Criminal Defense Lawyers > Blog > DUI > What Are My Rights At A DUI Checkpoint?

What Are My Rights At A DUI Checkpoint?


Driving under the influence is a serious offense that puts your life and others at risk. DUI checkpoints are set up by law enforcement to prevent accidents and apprehend drunk drivers.

However, many drivers in Georgia do not understand their rights at these checkpoints, which makes it more likely for them to end up facing DUI charges. If you are facing drunk driving charges after being stopped at a DUI checkpoint, you might want to discuss your case with a skilled lawyer.

Our Alpharetta DUI lawyers at Hawkins Spizman Trial Lawyers can investigate the facts of the traffic stop and explain your defense options. We are dedicated to helping you protect your rights and ensure that you get the best possible outcome.

Your Rights at a DUI Checkpoint

When you are stopped at a DUI checkpoint, it is essential that you know your rights and how to exercise them. It is vital to stay courteous and avoid getting into an argument with the officer when exercising your rights.

1. Record the Traffic Stop

You have the right to record the traffic stop using your phone or camera as long as it does not interfere with the officer’s duties. Recording the traffic stop can be helpful in case of a legal dispute. If the officer asks you to delete the footage, do not comply. You have the right to keep your footage and share it with your lawyer.

2. Invoke the Fifth Amendment Right to Remain Silent

You do not have to answer any questions that would incriminate you. You have the right to invoke the Fifth Amendment and remain silent. You should provide your driver’s license, registration, and proof of insurance when asked for it, but you do not have to answer questions about where you are coming from or if you have been drinking. Keep calm and polite when invoking your right to remain silent.

3. Not Consent to a Search of Your Vehicle

The officer must have probable cause to search your vehicle. If they do not, you have the right to refuse the search. If the officer insists on searching your vehicle without your consent, do not resist, but make sure to express that you do not agree and that you do not give him/her permission.

4. Deny a Field Sobriety Test

In America, you have the right to refuse a field sobriety test. You can ask for a blood or breath test instead, which is admissible in court. Refusing a field sobriety test may result in the suspension of your driver’s license or other administrative penalties, but it may also help you avoid a DUI conviction.

5. The Right to Contact a Lawyer

You have the right to call a lawyer if you are arrested. Use it to your advantage since the lawyer can provide legal advice and represent you in court. When you reach your lawyer, give him the officers’ names and badge numbers, location, and any other relevant information to ensure the best possible outcome of the case.

Learn More About Your Rights

It is crucial to understand your rights at a DUI checkpoint. Knowing and exercising these rights can make all the difference in reducing the severity of the consequences that come with a DUI charge. Hawkins Spizman Trial Lawyers represent individuals facing DUI charges in Alpharetta, Sandy Springs, Johns Creek, Atlanta, Dunwoody, Cobb County, Gwinnett County, and Fulton County. Receive a free case evaluation by calling 770-685-6400.

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