Posted by duijim in on October 19, 2023
An arrest for DUI can have devastating repercussions. Not only may fines and fees mount up quickly, but the costs associated with auto insurance could skyrocket too.
Being pulled over for driving under the influence (DUI) can be an anxious situation. Here are some tips on what you should do if this occurs to you: 1. Remain calm 2. Answer police inquiries politely 3. Document everything
Remain Calm
Receiving a DUI arrest notice in Atlanta GA can be both unnerving and frightening, so the most important thing to keep in mind when confronted by police officers for DUI is staying calm – doing so could make all the difference in its outcome.
First and foremost, remaining calm requires remembering that an officer is coming your way for a reason, such as traffic violations or unsafe driving behavior. Once sirens or blue lights appear behind you, immediately start slowing down – state law mandates this action, so doing it quickly would only benefit both you and the officer involved.
Once you have stopped moving, an officer is likely to approach and request that you present them with your license, proof of insurance and vehicle registration documents. Complying with their requests is always recommended as failure could lead to arrest for obstruction of police officer; however, you are within your rights not answer any inquiries made by officers, including whether you are under the influence of alcohol or drugs.
If you decide to answer an officer’s questions, do so in a polite and succinct manner. Being rude could only damage your chances in court as most jurors do not favor aggressive or belligerent conduct from suspects. Furthermore, remember that all interactions during your DUI stop will likely be recorded for purposes of prosecution and evidence collection.
Field sobriety evaluations typically consist of the Horizontal Gaze Nystagmus test, One Leg Stand test and Walk and Turn tests administered by the National Highway Traffic Safety Administration. While these evaluations may seem objectively reliable to some degree, many people fail due to factors unrelated to sobriety such as poor balance, time of day or medical issues – therefore refusing these evaluations has no legal penalties attached.
Don’t Answer Questions
When the flashing lights of a police car appear behind you, it can be unnerving and you may feel pressured into saying things that could land you in hot water. For your own sake and that of anyone around you, stay calm and speak as little as possible – the officer will likely ask many questions, which could have an effect on your case; by not speaking or saying little at all there may be less likelihood for interest and thus an opportunity for release from further questioning by them.
Be wary of admitting or discussing how much alcohol you’ve had. Officers will look for clues that indicate too much drinking has taken place and your speech can be used against you in court as evidence against you if necessary. Slurred speech is often an indicator of alcohol impairment and appears in DUI arrest reports; so if an officer asks if anything has been consumed, simply shrug and decline answering their inquiry.
If you are charged with repeat DUI offense, state authorities require you to agree to take part in an official chemical test of your breath, blood, or urine. Failure to submit will lead to license suspension for one year – an inadvisable gamble to take.
State prosecutors bear an extremely heavy burden when prosecuting DUI cases; they must prove beyond reasonable doubt at trial that your driving was impaired to such an extent that rendered you incapable of safely operating your vehicle. A judge will consider all aspects of your story when making their ruling.
An Atlanta DUI conviction will alter your life in many ways, such as losing your driving privileges for an extended period and experiencing higher car insurance premiums. To protect your rights and future, hire an experienced Atlanta DUI lawyer quickly following your arrest to protect both rights and future. Contact us immediately following arrest for a free consultation today – they specialize in criminal and administrative law, so let them help protect your reputation, driving privileges, and future.
Don’t Agree to Field Sobriety Tests
As much as it is important to cooperate and remain polite when encountered by law enforcement officers during a traffic stop, you should never agree to take field sobriety tests. These exams are specifically designed to be difficult for you to pass and may rely on an officer’s subjective observations that you might be intoxicated – these observations will likely end up as part of their reports and evidence against you later on in court proceedings.
Field sobriety tests typically include eye, alphabet and counting tests as well as walking and turning assessments, one leg stand tests and one-leg stand assessments. Results could be affected by factors like uneven ground or poor weather conditions as well as fatigue and nervousness – it’s best to decline these tests even if you feel completely sober.
Georgia law gives you the constitutional right to refuse preliminary breathalyzer or field sobriety tests, and your refusal cannot be used as evidence against you in court. If you choose to blow into the device anyway, your DUI defense lawyer should question both their training and administration of tests as well as any errors made during them.
If the officer suspects you of possessing alcohol or drugs in your system, he or she will probably ask for you to undergo a chemical test. Georgia drivers agree, when operating public roads, to submit to a chemical test to detect alcohol or drugs in their bodies. Refusing such tests will likely lead to suspension of your license. However, you can request a hearing with the Department of Driver Services to stop its suspension. This is a separate process from your DUI case and your Atlanta DUI lawyer can assist with this aspect as well. Your attorney can file a DDS 1205 form on your behalf that allows you to drive for 30 days while your DUI case is pending, granting temporary permission. However, be aware that any inactivity on this temporary permit could result in suspension again within this timeframe.
Don’t Refuse Chemical Tests
Officers may request that you submit to a breath, urine or blood test; failing which, your license could be suspended for one year immediately. A qualified Atlanta DUI lawyer may file an administrative hearing in order to prevent this suspension; additionally they can request a DDS 1205 form as temporary 30-day driving permit from DDS for you.
An officer could charge you with driving while impaired due to alcohol or drugs if they believe your refusal of a chemical test under Georgia’s implied consent laws, yet you have every right to refuse one.
When police inquire about your drinking habits, do not admit or disclose how many drinks you’ve had; even if this information pertains solely to yourself; disclosing this could prove dangerous as police could use your speech pattern as evidence that you’re drunk and attempt to arrest you on suspicion of DUI.
Officers may pressure you into performing field sobriety tests, including eye tests, alphabet tests, one-leg stand tests and walk-the-line evaluations. These subjectively graded assessments can often serve as key evidence against you – so your DUI lawyer may advise that you politely decline taking these exams.
Only submit to voluntary breath or blood tests if requested by law enforcement officers, otherwise your attorney can argue that there was no valid implied consent agreement in place.
As an experienced DUI defense attorney we can help you formulate the optimal strategy for your case depending on the facts of your situation and what transpired during a traffic stop. We will be able to review police officer actions to identify if any law enforcement violations took place which could serve as potential defenses to charges of DUI. We understands the nuances of DUI cases as former prosecutor who understands both legal and factual defenses against DUI charges.