What should you do if you've been stopped for a Georgia DUI ?
There is no easy answer for what to do if you are pulled over for suspected Driving Under the Influence. The reality is that if you have an odor of alcohol on your breath you are likely to be arrested and taken to jail. Many Georgia DUI suspects are arrested for DUI per se (blowing over 0.08) and even when they blow below the legal limit they are arrested for DUI less safe. The short answer is to provide as little evidence as possible.
Field Evaluations. Generally, there is no benefit to taking field evaluations like the one leg stand, nine step walk and turn, alphabet, finger to nose evaluation, five finger dexterity test. Although an inference can be taken from refusal to complete field evaluations, they are generally not favorable even for sober individuals. The very young and athletic are generally the only individuals who successfully perform field evaluations.
Ask lots of questions. Ask for an attorney. Ask what happens if you do not take the field evaluations. Ask what happens if you blow under the legal limit. Ask if you should take an independent or additional test of your blood, breath or urine. Keep asking questions unless, of course, you are slurring your speech in which case you should keep your mouth shut.
Breath or Blood Test. There are reasons to take a test and reasons not to take a test. If you want to fight your Georgia DUI , it is generally better not to take any tests unless you have had little or no drugs or alcohol. For those under 21 years of age and those with a second or greater DUI in five years, there is no benefit to taking any state test. For those who have consumed 1-3 12 oz beers, 1 ounce liquor drinks or 4 ounce glasses of wine, a test generally will be under the legal limit. If it is your first dui and losing your license is worse than a DUI convictoion taking the test maybe the best option.
Remember everything you do or say all the way to the jail is probably being recorded both audio and video.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.
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