WHAT TO DO IF YOU ARE SUSPECTED OF DRIVING UNDER THE INFLUENCE
Nothing quite causes a sense of panic like being pulled over by the police. As stressful as it can be, it is important to remember what to do if you are pulled over and suspected of driving under the influence (DUI) in Georgia.
It is not uncommon for officers in and around Atlanta to specifically seek making DUI arrests. If you encounter one of those officers, with the odor of alcohol on your breath, you may find yourself heading to jail no matter what. The most common DUI arrests are for DUI per se and DUI less safe. DUI per se means blowing over 0.08, and DUI less safe means being less safe to drive due to the consumption drugs or alcohol. There are different factors to consider with any DUI arrest including but not limited to: the accompanying charges, jurisdiction, law enforcement agency, and number of drinks involved.
Being the educated reader of this blog that you are, you already know you need to speak with an experienced, knowledgeable attorney as soon as possible. But you will always be your first line of defense. Whenever you encounter officers remember you are being filmed and recorded during the entire encounter and that recording can be used against you or for your defense.
You will have to do a self-analysis. Remember to always be calm and polite with any officer. Rude or combative behavior never works to strengthen your defense. Speak in short and concise statements. There is no need to elaborate on anything; speak only when necessary. If you can speak without any slur or signs of intoxication, ask lots of questions, about everything. The more questions you ask the more opportunity for an officer to potentially violate or fail to accurately articulate your rights.
Although it may seem as though you are just having a conversation with an officer, keep in mind that the officer is building a case against you. Remember to stay calm and provide as little evidence as possible for a prosecutor. Officers are trained by the State of Georgia to investigate DUIs in a standard way. You will be asked to submit to standardized field sobriety testing (SFST), take a handheld breathalyzer, and to submit to the state-administered test of your breath, blood, or urine.
SFST is comprised of the eye test, Horizontal Gaze Nystagmus, and two field evaluations, the Walk and Turn and the One Leg Stand. You should never submit to the eye test if you have had anything to drink at all. Generally, there is no benefit to submitting to the two field evaluations; however, these are the best if you are going to submit to something. The young and physically fit are normally the only ideal candidates for these motor tests. The roadside breathalyzer is only admissible for the presence of alcohol, so this is not a bad test to submit to if you have already admitted to drinking. For more information please see our post on SFST.
For most people, it is a good idea to refuse the state-administered test of your breath, blood, or urine. Do not forget that if you refuse the state-administered test, your license may be administratively suspended. For more information about administrative license hearings, please see our blog. Ultimately, just remember that if you are pulled over and investigated for DUI there is a good chance you will be arrested for DUI, so protect yourself from the beginning. Think about your defense.
Call us as soon as possible if you are arrested for DUI so that we can schedule a consultation. Beware of attorneys who do not have true DUI expertise, quote a too good to be true price, or make any kind of promise. We have the right experience and expertise to help you through a challenging time and can do so for a fair price. Call us at 770-881-8081 to get your defense on the right track.