Gwinnett County DUI Roadblock
Have you recently been charged with drunk driving after being stopped at a Gwinnett County DUI roadblock? If so, you should immediately contact a Gwinnett County lawyer. Your lawyer will investigate the circumstances of the stop to determine if your constitutional rights were violated and will begin fighting these serious charges.Law enforcement agencies across the United States are fond of using DUI roadblocks to catch drunk drivers. While there have been some constitutional concerns regarding the use of them, the U.S. Supreme Court has ruled that the public good done by conducting these outweighs the violation of a driver’s right against illegal search and seizure. However, the Supreme Court has issued guidelines that must be adhered to in order to minimize the impact they have on the public’s rights.
In order to conduct a roadblock, the Gwinnett County police department must demonstrate that there is a need for it. For example, if there have been a number of DUI arrests made in a particular area, then it may be conducted. There roadblocks are typically set in areas by restaurants and bars between 11 p.m. and 4 a.m.
At the location, law enforcement agents will stop cars according to a preset pattern (for example, every other car or every third car). If you are stopped, you will be asked to present your identification, insurance information, and vehicle registration. The agent may ask you a series of questions, but you are only required to answer questions regarding your name and address. You should avoid answering any questions regarding the consumption of alcohol, as your answer may later be used against you. You are also not required to let the law enforcement agent search your vehicle.
If the law enforcement agent believes that you are under the influence of alcohol and/or drugs, you may be asked to perform a series of field sobriety tests, which include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. Failing any of these tests could give the agent probable cause to make a DUI arrest.
If you are arrested, the agent may ask you to submit to a breathalyzer test. While you may decline to take this test, you could still face a driver’s license suspension in addition to other penalties.
Attorneys at HTW&W represent clients who have been arrested after a Gwinnett County DUI roadblock stop. For information on how they can help your case, please fill out the online contact form today.
