DUI Arrest in Georgia
Understanding DUI Laws in Georgia: What You Should Know
The holiday season is a time of celebration, but it’s also a time to exercise caution and responsibility, especially when it comes to driving. Drinking or using recreational substances and getting behind the wheel can have serious consequences. If you’re pulled over for suspected DUI in Georgia, here’s what you need to know about field sobriety tests, chemical tests, and your rights. It’s Friday night. You decided to go to a nice restaurant with a couple of friends to enjoy the evening. While there, you shared a bottle of wine with your friends during dinner. It’s been a few hours since you had alcohol and you figured that it’s okay to drive. Within a few short blocks from the restaurant, you were pulled over by a police officer for making an illegal turn. The officer determined that you smelled like alcohol and your speech seemed to be slurred. So, you were ordered out of your vehicle. You then consented to the Field Sobriety Test, which is a series of divided attention tests. The officer noted every possible flaw in his report, even though you thought you had performed them perfectly. You did not sway once. Nor did you put your foot down or raise your arms more than 45 degrees during the one-legged stand.Should You Submit to Field Sobriety Tests?
Field sobriety tests, such as walking in a straight line or standing on one leg, are voluntary in Georgia. Law enforcement may use these tests to establish probable cause for a DUI arrest. However, these tests are highly subjective and often unreliable. It’s your right to politely decline field sobriety tests, and doing so cannot be used against you as evidence of guilt in court.
Performing the Field Sobriety Test
Assuming you did perform the Field Sobriety Test flawlessly and you have video footage to prove it. You will be surprised to know that you could still be arrested for DUI. Why? The initial statements you made to the police officer have a significant impact on a DUI case that could be built against you. The very moment that you are stopped by the police, evidence is collected to build a possible drunk driving case against you. “I had two glasses of wine at dinner 3 hours ago,” as opposed to not answering questions, or “I just had club soda” may result in very different outcomes in your case. DON’T TALK TO THE POLICE!!! DON’T VOLUNTEER INFORMATION! EVERYTHING IS BEING RECORDED!
Should You Consent to a Test of Your Blood, Breath, or Urine?
Under Georgia’s Implied Consent Law, drivers who operate a motor vehicle are deemed to have given consent to chemical testing of their blood, breath, or urine if lawfully arrested for DUI. Refusing a chemical test can have serious consequences, but consenting to a test also has potential ramifications:
If You Refuse: Refusal to submit to a chemical test results in an automatic suspension of your driver’s license for at least one year, regardless of the outcome of your case. This refusal can also be presented as evidence against you in court.
If You Consent: Agreeing to a chemical test may provide evidence that could be used to convict you of DUI. However, cooperating with law enforcement may help your attorney argue for reduced penalties or favorable treatment, depending on the circumstances.
IF YOU THINK YOU ARE GOING TO BLOW OFF THE CHART ON THE BREATHALYZER, DON’T CONSENT TO THE TEST.
A refusal could be better than blowing a score of 0.30! Should You Cooperate with Law Enforcement?
Always remain polite and respectful when interacting with law enforcement. Provide your driver’s license, registration, and insurance when requested. While you have the right to decline field sobriety tests and chemical tests, refusing to cooperate entirely may escalate the situation and lead to additional charges. Remember, you have the right to remain silent and consult an attorney before answering any incriminating questions.
The Ramifications of a DUI Arrest
A DUI conviction in Georgia can have lasting consequences, including:
Loss of Employment: Many employers may terminate employees with a criminal conviction, especially for DUI.
Increased Insurance Rates: A DUI conviction will likely result in significantly higher car insurance premiums.
Driver’s License Suspension: Depending on the circumstances, your license could be suspended for months or even years.
Jail Time and Fines: A conviction may include jail time, probation, community service, and hefty fines.
Legal Fees: A DUI defense can be expensive, but the cost of a strong defense is often worth the long-term benefits of protecting your record and future.
What Should You Do if You Are Arrested for DUI?
The best way to avoid a DUI arrest is to plan ahead. Don’t drink or smoke and drive. Use a rideshare service, arrange for a designated driver, or call a cab. However, if you do find yourself under arrest, it’s critical to seek legal assistance immediately.
Call Attorney Tom Kirkbride at 404-800-8080 for a thorough review of your case. With years of experience navigating Georgia’s DUI laws, Tom can help you understand your rights, build a strong defense, and work to minimize the impact of your arrest.
Final Thoughts
A DUI arrest can be life-altering, but you don’t have to face it alone. This holiday season, be responsible and make safe choices. If you or someone you know is charged with DUI, reach out to Attorney Tom Kirkbride to protect your rights and your future.