Your Georgia DUI Rights
If you have been arrested and charged with a Georgia driving under the influence (DUI) offense, it is important to remember that you have certain unalienable rights. No matter how vigorously a law enforcement officer portrays a situation with you, you are always considered innocent unless proven guilty in a court of law. It is absolutely crucial that your Georgia DUI rights be upheld and protected.
Protecting your rights is critical especially if you are subjected to a traffic stop. You are required to present a police officer with identification; beyond that, the less said by you the better. Even if a police officer tries to convince you otherwise, field sobriety tests and a portable breath test are entirely voluntary and will not help prove your innocence. A driver cannot be punished for refusing to take a field sobriety test or a portable breath test. If an officer ever indicates you ought to take one of these tests to convince him/her of your sobriety, courteously decline since your rights allow you to do so without penalty. In addition, never answer questions about the consumption of alcohol or other substances, including whether you’ve had anything to drink or if so, how much. Simply say politely, “No questions, please, unless an attorney is present.”
If you are brought to a police station for a blood, breath or urine test, it is advisable for you to do so. This is different from refusing a portable breath test and refusing to take such a test at the police station will create an immediate arrest under the “implied consent” violation. Violating the implied consent law may cause jail time, license suspension, increased penalties, fines, and probation.
DUI Right to an Attorney
Your DUI rights include the right to an attorney. If you are ever booked into jail, exercise this right immediately by contacting an experienced DUI defense lawyer. Your lawyer can review your case at once to ensure that your protection from illegal search and seizure was not violated during the course of your arrest. If your attorney determines that proper police protocol was ignored and your civil rights were violated, your charges may be dismissed outright.
Because of public pressure to drop the hammer on drunk driving, some officers take liberties with how they “enforce the law” to increase DUI arrests. Having a drink and driving isn’t patently illegal in itself. On the other hand, driving while impaired or driving with a blood alcohol content (BAC) over the legal limit is illegal. Field sobriety tests are highly subjective, and chances are that if the officer has pulled you over, the officer already believes you’ve done something wrong and is just looking for a way to arrest you by subjecting you to a test that you can refuse. Your DUI attorney can review the video evidence from the scene to determine if you were scored fairly on such tests. Remember this though: The best bet is to outright refuse any test that is voluntary such as a field sobriety test or portable Breathalyzer test.
Don’t let someone violate your Georgia DUI rights—speak with an experienced DUI defense attorney at HTW&W to ensure that you are protected from overzealous law enforcement agents and prosecutors seeking to build up their resume of convictions.
