DUI Field Tests are not to see if your safe to drive home rather are just evidence for trial

If I have a penny for everytime I heard a Metro Atlanta DUI police officer say I smell alcohol would you mind performing voluntary field evaluations to see if you are safe to drive home.   That is just a lie.  If the police smell alcohol, they will more than likely be arresting you.  They are not testing you to see if you are safe to drive, rather they are testing you to make sure they have enough evidence to force you to plead guilty or be convicted during a DUI trial.  Don't be fooled.  Ask to speak to a lawyer.  Ask if you are under arrest.  Ask if you are free to leave.  Ask if they are going to take you to jail even if you do not perform the tests.  Ask questions.  The more questions you ask, the more likely they are to coerce you to take the tests or give you faulty or illegal advice.  Field tests are designed for your to fail.  Never take the eye tests or HGN.  If you feel okay you can take the walk and turn and the one leg stand.  Agree to take the portable hand held breath test if they will show you the result.  If they refuse, you know they are not trying to help you.  You can lose your license if your refuse to take the State Administered breath or blood test at the police station, jail, breath testing RV or hospital but fewer than 5% of clients that I have represented in the last 15 years have actually suffered a one year license suspension.  It is much easier to fight a less safe DUI in Georgia than a per se or alcohol concentration DUI.

 

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