Question: Are DUI Road Blocks In Georgia Constitutional?
Answer: Yes. If they’re narrow in scope there are several criteria they need to be met. They need to be a well-identified checkpoint, established for a lawful purpose. They cannot be used for general crime control. They have to stop all cars that come to the road block, they need to be manned by people who are trained in order to staff and to search for DUI or impaired suspects. And they have to be established by supervisory personnel, someone fairly high up, not just a road level officer, has to pick and determine what the purpose is and the time and the place of the road block is. The United States Supreme Court has allowed them for a very narrow purpose. Such as road fitness, meaning you have a license and insurance on your vehicle, are you impaired, but they’re not allowed to determine if you have drugs in your car. They can be used also in the event that they’re looking for, or to try to apprehend a felon or suspect, or to gather simply information, such as to gather information to solve a crime. They have been used and been held acceptable in those types of cases.