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.
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 the Schneider Law Firm today if you were arrested for driving
under the influence after passing through a sobriety checkpoint.
Schedule your confidential case evaluation today!