Posted by duijim in on December 17, 2023
If you are charged with DUI in Georgia, you will be required to undergo a substance abuse evaluation and attend DUI school before your license can be reinstated.
Staying calm and respectful during a DUI stop is critical in order to avoid making mistakes that could lead to your arrest.
1. Admitting Guilt or Making Incriminating Statements
An arrest for DUI can have lasting repercussions that will alter the rest of your life – from jail time and fines to losing driving privileges – it can make life more challenging than ever, including finding or keeping employment. Your fate as far as being charged with DUI depends on what actions are taken following arrest – how you respond can ultimately determine whether you’re convicted.
After being arrested for DUI, admitting guilt or making statements that incriminate you can be devastating for your defense. As an alternative, instead of entering a guilty plea you can enter a no contest plea which maintains that you are not guilty of the offense but still requires mandatory court appearances in your DUI case.
Officers frequently require drivers at traffic stops to produce their license and proof of insurance documents, making it important to keep these in a place easily accessible so you don’t needlessly waste their time fumbling about for these documents. You should also remain calm; avoid making statements that might suggest impairment, such as arguing with officers or acting belligerently; this information can later be used against you in court proceedings.
2. Refusing to Take a Breath Test
An arrest for DUI can have devastating repercussions for both personal and professional life. But, with help from an Atlanta DUI attorney, it may be possible to mitigate its damage.
As soon as they’re pulled over for suspected DUI, a person’s main mistake is talking too much to law enforcement officers. Remember that all statements may be recorded and could later be used against you in court proceedings.
When asked by police to perform roadside field sobriety tests, it is wise to decline. Such evaluations tend to be unscientific and have led to many innocent drivers being charged with DUI. Atlanta DUI lawyers possess extensive knowledge about what errors may arise during sobriety tests or breathalyzer administration – and they know how best to challenge results in court.
No matter if you choose to submit to field breath testing or blood testing voluntarily or “impliedly consent.” In Georgia law, being arrested for DUI implies consent for one or more chemical tests if being tested by portable machines in the field, or at a police station with blood testing being more accurate but requires professional blood draws from medical providers.
3. Refusing to Submit to Field Sobriety Tests
Most DUI arrests in Georgia are recorded with body cams or police vehicle cameras, meaning anything said or done by drivers at traffic stops could potentially be used against them in court proceedings. Therefore, people should remain courteous and remain silent when approached by officers if they believe that they have exceeded the legal limit.
As part of a DUI stop, officers may request you take field sobriety tests such as horizontal gaze nystagmus tests, one-leg stand tests, and walk and turn tests. Since these subjective assessments may be affected by factors like fatigue, stress or illness; it would be wise to politely decline these exams by saying you were advised by your lawyer not to submit to them.
IF YOU REFUSE FIELD SOBRIETY TEST, officers will likely ask that you submit to a breathalyzer test at the station instead. Refusal may result in license suspension due to Georgia’s implied consent laws; alternatively, blood or urine testing could be requested at a hospital instead of giving consent for this kind of test.
4. Refusing to Take a Blood Test
An arrest for DUI can be devastating to one’s life, leading to substantial fines, license suspension and even jail time. Therefore, it is vital that individuals take all possible measures in order to mitigate its serious repercussions and seek advice as soon as possible in order to mitigate potential complications.
One common misstep people make during DUI stops is not cooperating with law enforcement officers. Georgia is an implied consent state, meaning when you obtain your driver’s license you agree to submit to chemical testing should an officer suspect that you may be driving under the influence of alcohol or drugs – this includes mandatory portable breathalyzer testing as well as, in certain instances, blood testing.
Blood tests cannot be administered on-scene at traffic stops; you will be transported to a lab for this type of evaluation. These gas chromatography-based exams measure how much alcohol is present in your system – the state limit for drinking and driving is currently set at 0.08% for adults and 0.02% for drivers under 21.
Immediately if there are concerns regarding your blood alcohol concentration levels, it is a good idea to consult an Atlanta DUI lawyer. They will review evidence in your case and help explain your options for challenging charges brought against you.
5. Refusing to Submit to a Blood Alcohol Content Test
After an arrest for DUI in Georgia, police officers will typically request either a blood or urine test from you to help ascertain criminal charges and administrative sanctions against you. Refusing either of these tests could result in more charges and administrative sanctions being levied against you in your case.
Law enforcement will present you with a Georgia Implied Consent Notice before administering any breath or blood test in Georgia for DUI alcohol or drugs, explaining your right to refuse it; however, refusing the test could result in automatic suspension from DDS; therefore consulting an Atlanta DUI lawyer could help appeal this administrative suspension or obtain a limited driving permit.
One of the biggest mistakes people make during this process is admitting guilt or agreeing to take field sobriety tests administered by law enforcement officials – which are far from scientific and have led to many innocent people being wrongly charged with DUI in Georgia.
As with any legal proceeding, it is critical to remain calm and silent throughout this entire process. Since most police departments use body cams or vehicle cameras to record everything you say during questioning or arrest, any statement you make could potentially be used against you in court proceedings. Staying calm while avoiding making statements which would incriminate yourself can have a great impact on your DUI defense and it is especially crucial not arguing with officers or acting out during this period of investigation.
6. Refusing to Submit to a Breath Alcohol Concentration Test
Refusing to take a breath alcohol concentration test may be an effective defense strategy against DUI charges; however, before making your decision to opt-out it’s vitally important that you consult with an experienced attorney first. In Georgia police may ask drivers to perform certain sobriety tests such as horizontal gaze nystagmus, walk and turn and one leg stand evaluations or provide a portable breath test before being handcuffed voluntarily – although these assessments from NHTSA often determine the outcome of DUI cases.
An arresting officer must also explain your implied consent rights which state that if you decline a blood, breath, or urine test following a DUI stop, your license will be automatically suspended for one year. An experienced lawyer can help prevent an automatic driver’s license suspension by alleging that the officer did not adequately explain these rights to you or misled you about how refusal will impact your case. Furthermore, your attorney can investigate whether all required procedures were followed during and subsequent to your DUI stop and arrest.
7. Refusing to Submit to a Blood Alcohol Concentration Test
If you are stopped for DUI suspicion in Georgia and informed of your Miranda rights, it is critical that you remain silent. Anything you say could and likely will be used against you in court proceedings, so any admission of guilt or making statements that might incriminate yourself are best avoided.
After being arrested, you are legally obliged to submit to either a blood, breath, or urine chemical test administered at the station by either your arresting officer or one from their selection list. Refusal can result in license suspension – it’s an implied consent law requirement in Georgia!
No experienced Atlanta DUI attorney would advise their client to undergo the National Highway Traffic Safety Administration Roadside Evaluations such as walking a straight line, repeating letters in alphabet, or performing one leg stands voluntarily in Georgia; such assessments have proven inaccuracy. You are also not obliged to use the portable handheld breathalyzer device that may be offered prior to being handcuffed and arrested as this test often leads to more innocent people being accused of DUI than other factors combined.