Throughout the Savannah area, police have been setting up roadblocks catch drivers who are driving under the influence of alcohol, driving on a suspended license, or committing other traffic crimes. When you encounter a roadblock, it is important to know your rights.
DUI Roadblock Procedure
If you are stopped at a roadblock, the police must still have probable cause to search you and your vehicle. The officer may ask if you have been drinking that you submit to a Breathalyzer test or field sobriety tests. It is important to remember that you do not have to perform these tests. These tests are highly subjective and although you may think you are cooperating with the police, you are only giving them evidence to use against you.
There has also been a lot mentioned in the news recently about the police obtaining a blood sample from you if you refuse to perform breath tests. The rumor was that the police department had been given approval from the Chatham District Attorney’s office and local judges to take blood samples from anyone who refused to take a breath test. This is totally false. A broad approval of blood sample testing has not been given to any local police department.
The police cannot force you to give a blood sample, whether you refuse the Breathalyzer or not. Your blood is a very precious and personal resource, and the law protects it accordingly. If the police want to obtain a blood sample from you, they will need specific affidavits and a specific warrant from the judge to do so. Even then, the police must ask you for your consent and if you do not consent to the testing, they cannot force it on you.
Your Rights at a Roadblock
There are other things to keep in mind when you encounter a roadblock. Remember that you have basic rights against search and seizure that are always in effect. The only way the police can get around these rights is to demonstrate probable cause of a law violation or to get your consent. Remember: you do not have to consent to anything, no matter how much the police may pressure you.
If you have been stopped at a roadblock recently and charged with a crime, it is very likely that your rights have been violated. At the very least, you need an experienced criminal attorney to review the police procedures followed and make sure that the police did not overstep their legal bounds. Give us a call today, and we’ll start on your case immediately.