Your Rights (and Wrongs) During a DUI Stop

Exploring Your Legal Rights During a DUI Stop in Georgia

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Being pulled over for a suspected DUI (Driving Under the Influence) can be an intimidating and stressful experience. However, understanding your legal rights during a DUI stop is crucial to ensure a fair process and protect yourself from potential violations. This article aims to provide an overview of the legal rights individuals have during a DUI stop in the state of Georgia.

During the DUI Pullover / Arrest.

This is something that you might run into conflicting advice about, but the following three things are listed for you to BE AWARE OF. They ARE NOT an instruction manual on what to do. The FIRST rule of getting pulled over is to be respectful, compliant and NOT do anything to further agitate the situation.

These are Probably Bad Ideas:

The Right to Remain Silent:
One of the fundamental rights you possess during a DUI stop is the right to remain silent. You are not OBLIGATED to answer any questions asked by law enforcement officers beyond providing your identification, registration, and proof of insurance.

That said, it’s not like Georgia Highway Patrol or any city or county police is going to simply let you go because you remain silent. A better approach is to respectfully answer what questions you can, but also to exercise caution and avoid self-incrimination. Do not volunteer any more information than what they are asking for. Your goal is to keep the conversation friendly and short.

The Right to Refuse Field Sobriety Tests:
In Georgia, individuals have the right to refuse field sobriety tests, such as walking in a straight line or standing on one leg. These tests are subjective and can often be influenced by various factors, such as nervousness or physical conditions unrelated to intoxication.

Refusing these tests will almost certainly lead to an immediate arrest.

So while you DO have the legal right to refuse them, it’s best to comply with the officer’s request. If you have some sort of a physical limitation that would prevent you from successfully doing the tests, simply inform the officer of your situation and do your best.

Ultimately they are either going to give you a BAC test, or not. And refusing the field tests is the best way to ensure that the police’s next step will be giving you a BAC test. Now that we’ve talked a little about refusing tests, it’s time to learn about the thing MOST people who refuse tests wish they would have understood a bit better BEFORE their DUI arrest, implied consent.

Implied Consent and Chemical Testing:

Georgia has an “implied consent” law, which means that if you are lawfully arrested for suspicion of DUI, you are required to submit to a chemical test to determine your blood alcohol concentration (BAC). Refusing to take a chemical test, such as a breathalyzer or blood test, may result in penalties, including an automatic driver’s license suspension. However, it is important to note that these penalties can vary depending on the circumstances, and consulting with an experienced and cost-effecitve DUI defense attorney at Phyllis Law is recommended.

Right to Legal Representation:

You have the right to legal representation during a DUI stop in Georgia. If you are arrested, it is essential to contact a qualified DUI attorney as soon as possible. One of the DUI attorneys from PhyllisLaw can guide you through the DUI defense process, protect your rights, and help build a strong defense strategy tailored to your case. We are fighting for Georgia Drivers’ License, but also your freedom, future and your finances. DUI convictions can carry jail time, extra consequences like higher insurance premiums, and also limited employment opportunities.

Search and Seizure Rights:

Law enforcement officers must have probable cause or a valid warrant to search your vehicle during a DUI stop. However, it is important to understand that there are exceptions to this requirement. If an officer observes open containers, drug paraphernalia, or illegal substances in plain sight, they may have grounds to search your vehicle without a warrant. During MOST pullovers, you’re probably not going to want to demand a warrant. However, if the car was locked and on your property, that might be a situation where you would demand a warrant.

Contact a Georgia DUI Defense Law Firm Today:

Understanding your legal rights during a DUI stop in Georgia is vital for protecting yourself from potential violations and ensuring a fair legal process. However, aggressively exercising those same rights can result in a MUCH more difficult DUI pullover and arrest than is needed. Be polite, calm and do not offer any more information than the officer is asking for. If you are arrested, call the DUI defense lawyers at PhyllisLaw right away. There is a 10 day limit we must follow to protect your drivers’ license.

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