Posted by duijim in on September 18, 2025
If you are arrested for suspected DUI, choosing your words carefully could determine your fate. A knowledgeable Atlanta DUI lawyer can explain how statements or actions during a traffic stop affect your case.
Officers frequently ask drivers to submit to field sobriety evaluations; although these tests are voluntary and non-mandatory by law, many 100% sober people cannot pass them.
1. Don’t Get Angry
Arriving at a traffic stop under suspicion of DUI can be stressful and unnerving, yet officers have the right to use anything said during it against you in court. Try your best to remain calm and polite when speaking with officers about DUI.
An officer may question you regarding your driving, such as why lanes changed or how much alcohol was consumed. Being upset or angry only serves to weaken your case further.
Keep in mind that most roadside stops are being recorded and your demeanor may be noted in a police report. Officers may request you perform field sobriety tests such as horizontal gaze nystagmus (HGN) test, walk-and-turn and one-leg stand tests designed to measure involuntary eye jerking that may indicate impairment.
These tests aren’t foolproof; many sober people still find difficulty passing them properly. A competent Atlanta DUI lawyer can assist with challenging their results and getting your case dismissed altogether.
2. Don’t Say Anything That Could Incriminate You
Flashing police lights in your rearview mirror can be alarmingly shocking if you have had one too many beverages, yet it’s important to remember that anything said during a DUI stop may be used against you in court proceedings.
Officers may claim that alcohol in your system caused slurred speech or difficulty maintaining balance, while officers might request field sobriety tests like horizontal gaze nystagmus tests, walk-and-turn and one-leg stand tests as subjective assessments which can be affected by fatigue, illness and weather factors. You have every right to politely decline these assessments in lieu of asking for a breath or blood test at the station instead.
Refuse to answer questions regarding how much or if you have had to drink. Officers frequently use such information against drivers who have been charged with DUI.
3. Don’t Say Anything That Could Make Things Worse
As police officers approach your vehicle during a DUI stop, it is best to say little or nothing as anything you say during this initial contact phase can be used against you in court. Furthermore, it’s wiser to remain in your car until instructed otherwise – any arguments or attempts at breaking away could escalate and provide the officer with more ammunition against you for DUI in Georgia.
Police officers will seek any and all evidence they can find to justify your arrest, such as telling an officer you’ve had several drinks at dinner while they detect alcohol on your breath, they’ll likely suspect you of intoxication. Furthermore, agreeing to take field sobriety tests such as horizontal gaze nystagmus (HGN), walk-and-turn or one leg stand tests may give them justification to arrest you.
4. Don’t Say Anything That Could Be Used as Evidence
Be mindful that anything you say during a DUI stop could be used against you as evidence against you. Officers frequently wear body cameras and patrol cars have dash cams that record everything that occurs, meaning that every word spoken could be recorded by officers.
When you are pulled over on suspicion of drunk driving, an officer will likely require you to perform several physical and mental tasks called field sobriety tests. These may include HGN (horizontal gaze nystagmus test), walk-and-turn and one-leg stand tests designed to evaluate your balance and coordination as indicators of intoxication – however these tasks may prove challenging even for sober individuals to successfully complete.
As you are not legally required to take any of these tests, if offered politely decline them without engaging with the officer in debate over them. Furthermore, refusing any searches of your vehicle or person unless there is probable cause should only escalate matters further.