DeKalb County police stopped Stuart Sherrill at a roadblock. The stop led to charges of driving under the influence of alcohol and driving with an unlawful blood alcohol content. OCGA § 40-6-391 a 1; OCGA § 40-6-391 a 5. The trial court found that the roadblock was unreasonable under the circumstances and that the evidence gathered as a result of Sherrill’s unlawful search and seizure must be suppressed. In a separate order, the trial court also found that the implied consent notice under OCGA § 40-5-67.1 b fell below the minimum level of fairness guaranteed by the due process clause of the Georgia Constitution. The State appeals. For reasons that follow, we reverse.
Viewed in the light most favorable to the trial court’s ruling, the record shows that on December 13, 1997, DeKalb County police established a roadblock on Peachtree Road in Atlanta. The purpose of the roadblock was to make license and insurance checks, as well as to apprehend DUI drivers. The police, who numbered no less than ten uniformed officers, stopped all cars traveling in the northbound lanes. Motorists were detained less than a minute while the officers checked their licenses and insurance. The DUI task force was present. The roadblock was identified by warning signs, blue lights, and the number of officers in the area. During the course of the roadblock, Sherrill was stopped by Officer Redding. Sherrill immediately produced his license and proof of insurance, and there was no evidence that he was driving in any unsafe manner. However, Redding noticed the odor of alcohol on Sherrill’s breath when Sherrill handed him his license and proof of insurance. Although Redding had no specialized training in identifying DUI suspects, he was certified under the Georgia Peace Officer Standard and Training Act, OCGA § 35-8-1, and had participated in 75 DUI arrests. Redding asked Sherrill where he was coming from, and Sherrill replied that he had been to Thirsty’s Bar. Sherrill agreed to undergo a field sobriety evaluation. After conducting the field tests, Redding placed Sherrill under arrest, read him the implied consent notice, and took him to the “bat mobile” for a breath test.
