DUI Probable Cause in Georgia

We’re often asked whether police can stop someone “for no reason” just to investigate a possible DUI.

In most situations, the answer is no — an officer must have a lawful basis to make a traffic stop. However, there are certain circumstances where stops are permitted under specific legal standards.

One example is a roadblock or sobriety checkpoint. Roadblocks are allowed in Georgia, but only if they comply with very specific constitutional requirements. The checkpoint must be properly authorized, operated according to neutral guidelines, and conducted in a way that limits officer discretion. The detention itself must also be brief and narrowly tailored. In every roadblock case, we closely examine whether those constitutional standards were actually followed.

Another situation involves license plate readers. These systems can alert officers if the registered owner of a vehicle has a suspended license. If the officer reasonably believes the owner may be the person driving, that can potentially provide articulable suspicion to initiate a traffic stop to investigate further.

These are highly technical constitutional issues, and the legality of a stop can have a significant impact on the outcome of a DUI case. We currently have cases pending that challenge both roadblock procedures and license plate reader stops.

If you have questions about the legality of a traffic stop in your case, we encourage you to contact our office to discuss the specific facts and how they may affect your defense.