Posted by duijim in on April 17, 2023
If you are facing DUI charges in Atlanta, it is essential that you know your rights. A knowledgeable Atlanta DUI lawyer can ensure you receive the best outcome for your case.
Being pulled over for DUI can be very intimidating and disconcerting, so it is crucial that you remain calm and respond accordingly in order to prevent aggravation of the situation.
Remain Calm
If police stop you for suspicion of DUI, it’s essential that you remain calm and cooperative if possible in order to avoid being charged with such offense and incriminating yourself further in court proceedings. By doing this, it will help you prevent being charged with DUI and further incriminating yourself against your own self.
To stay calm in a crisis situation, take a deep breath and count to four. Repeat as necessary to reduce heart rate and prevent panic attacks.
As soon as an officer approaches your car, they will likely conduct an intensive search to detect anything that indicates you have broken the law – such as alcohol bottles or drug paraphernalia.
Police may ask that you undergo field sobriety evaluations, including the Horizontal Gaze Nystagmus Test (HGN) and One Leg Stand Test. While these assessments can be subjective, many drivers fail them even when not under the influence of alcohol.
Be Polite
When pulled over for DUI, one of the most essential actions a driver can take is remaining polite with police officers. Doing this will prevent more aggressive tactics from the police and increase chances of leaving without being charged with DUI.
Officers routinely request identification and vehicle registration numbers from motorists; be courteous when responding to these requests and anything else the officer requests from you.
Officers will likely ask questions regarding your drinking and drug use, with any answers leading to criminal charges against you. Furthermore, your interaction with police officers could be recorded by dash cameras or microphones for future use in court proceedings.
Don’t Admit to Drinking
If you are pulled over, remember it is vitally important not to admit to drinking as this will provide evidence that could result in a DUI conviction.
Before speaking with police, take some time to collect your documents and remain calm. This will allow you to better assess your situation while giving you more time to consult your attorney.
If you are charged with DUI in Georgia, it is crucial that you retain excellent legal representation to understand and defend against your rights and ensure fair treatment by law enforcement and the State.
Don’t Agree to a Field Sobriety Test
Police who suspect you of DUI may ask you to participate in one or more field sobriety tests to help establish probable cause. While these are completely voluntary tests, you should act in a polite and nonconfrontational manner during these assessments.
The National Highway Traffic Safety Administration has issued training manuals for standard field sobriety testing, mandating that officers adhere to certain protocols when administering this test. Officers usually ask an individual standing on one leg to count out loud to a specified number or conduct a finger-to-nose test for field sobriety purposes.
These tests may serve as an accurate way to gauge whether or not someone is impaired; however, their scientific validity cannot be relied upon and therefore it is critical that you discuss any sobriety test with an experienced criminal defense lawyer for review prior to proceeding with any sobriety test results.
Don’t Refuse a Search
Police usually initiate DUI investigations by asking whether or not anyone has had anything to drink; if this question goes unanswered, an arrest and charge of DUI can ensue.
On request, you must also present your driver’s license, registration information and proof of insurance to enable an officer to complete your background check and check for outstanding warrants.
The Fourth Amendment ensures Americans of their rights against unwarranted searches and seizures; however, law enforcement may conduct searches without a warrant in certain situations, including consent, plain view searches, stop and frisk/pat-down operations, fleeing suspects (called hot pursuit) and emergency scenarios.