DUI Stops in Georgia: DUI Pullovers and Checkpoints

Getting pulled over for suspicion of drunk driving is stressful, and understanding what happens after a DUI pullover in Georgia—including your rights and the consequences of refusing tests—is super important. This quick guide explains the legal process, proper police procedures, and possible conviction penalties relating to a DUI stop.

If you’re pulled over for suspicion of DUI in Georgia, whether at a routine traffic stop or a DUI checkpoint (sometimes called a sober stop or sobriety checkpoint), police are trained to look for evidence of impairment. Factors that trigger an officer’s suspicion, and cause the officer to pull you over, include:

• Weaving, erratic driving, or sudden lane changes
• Speeding, improper turns, or slow responses to signals
• Stopping at odd places or driving without headlights

Once stopped, an officer may question you, observe your speech and body language, and use a body cam and dash cam to record your speech and actions. Everything you say and do will likely be used by the prosecutor in an effort to convict you of drunk driving.

Police are likely to ask you to perform physical and mental tasks known as field sobriety tests—such as the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. These tests are designed to assess balance, coordination, and cognitive function as indicators of drinking.

You are not legally required to take field sobriety tests in Georgia. Refusing these tests does not result in an automatic license suspension (unlike chemical test refusal).

However, refusal can be mentioned as evidence at trial and may raise suspicion with the officer.

Factors such as medical issues, bad weather, and roadside conditions can unfairly affect your performance, so it's important to know your legal right to politely decline the officer.

Georgia law prohibits driving with a BAC (blood alcohol content) of 0.08% or higher for most adult drivers, 0.04% for commercial drivers, and 0.02% for those under 21. Police can determine your current BAC through:

• Breath test (usually a roadside portable breathalyzer, plus a separate official chemical test at the police station, jail, or hospital)
• Blood or urine test after arrest if alcohol or drugs are suspected

The portable breathalyzer is carried by police to quickly record your BAC. If the device confirms you have been drinking the officer will continue with a DUI investigation to gather more evidence for the prosecution. A combination of an officer’s observations of your poor driving, the portable breath test, body cam footage of your slurred speech or stumbling, field sobriety test results, and the smell of alcohol or marijuana coming from your car should give the prosecutor plenty of evidence to build a case.

If you are arrested for DUI, Georgia’s implied consent notice must be read aloud to you by the arresting officer. Implied consent means that by holding a Georgia driver’s license, you’ve agreed in advance to submit to a post-arrest breath, blood, or urine test when police have probable cause to arrest you for DUI.

The officer is required to read you the implied consent notice explaining that a DUI refusal will result in an immediate license suspension for at least one year.

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year.

Refusing a field sobriety test carries no automatic penalty, but refusing a breath, blood, or urine test after a DUI arrest leads to a minimum one-year license suspension under Georgia’s implied consent law.

Refusal of a breath test after being read the implied consent notice, however, can't be used as evidence against you at trial due to a recent Georgia Supreme Court decision. If you refuse, police might seek a warrant for a forced blood draw. Noncompliance with a court-ordered test risks additional criminal charges.

You can appeal a suspension by requesting an Administrative License Suspension (ALS) hearing within 30 days of your arrest. Don’t wait too late. Call (404) 567-5515 and let our criminal attorneys fight to keep your license valid.

Modern law enforcement uses body cam and police cruiser dash camera video to record traffic stops and DUI arrests. These recordings serve as critical evidence for both the prosecution and defense, helping clarify what happened during the DUI pullover. For example, an arrest video should prove whether field tests were properly administered, if implied consent was read, or if the stop was lawful.

DUI checkpoints—also called “sobriety checkpoints” or sober stops—are legal in Georgia, but they must follow strict guidelines:

• The location and time of the checkpoint must be approved by a supervising officer.
• Every vehicle must be stopped using a neutral, non-random formula.
• The stop must have a clear public safety purpose.
• The checkpoint’s duration and intrusion must be minimal.
• The scene should be visible and well-marked to motorists.
• Officers present must be properly trained.

Stay calm: Provide license, registration, and proof of insurance.

Know your rights: You do not have to answer potentially damaging questions about drinking or drug use. Politely decline.

Field tests: You may refuse field sobriety tests without automatic penalties, though refusal can raise suspicion.

Chemical tests: If arrested and read the implied consent notice, refusing the test can trigger administrative penalties.

Request an attorney: Ask for legal counsel as soon as you can (Larry Kohn or Cory Yager)

Remember the body cam: Stay respectful and avoid saying something stupid, as audio/video is being captured.

Listen to whether the implied consent notice was read properly

Observe the accuracy and admissibility of breath, blood, or urine test results

By knowing your rights at a DUI pullover, understanding the significance of field sobriety tests, and the rules of the implied consent notice, you can make informed choices if pulled over for DUI in Georgia.

If you have been arrested or stopped at a DUI checkpoint, consult with Larry Kohn or Cory Yager, two Georgia-based DUI defense lawyers, as soon as possible for help with your case and for reviewing body cam evidence. Free consultation hotline: (404) 567=5515.