Doing things you are not required to do can have serious consequences for someone stopped on suspicion of driving under the influence. Most people who are convicted of DUI in Georgia did one or all three of these things before they were arrested.
- Admitting you had a few drinks. By admitting you drank alcohol, you are giving the police officer evidence that can be used against you. If the police officer asks if you have anything to drink, and you have had anything to drink, politely decline to answer.
- Taking a field sobriety test. The field sobriety test usually consists of the walk and turn, the one-leg stand, and the horizontal gaze nystagmus (tracking an object such as a pen the officer moves in front of your eyes). You are not required to take these tests in Georgia. If the police officer asked to take a field sobriety test, politely decline. The tests are designed for you to fail.
- Taking a roadside breathalyzer test. The police officer may ask you to blow into a portable breath test machine. However, you are not required to take a breath test unless you have been arrested and read an implied consent notice. Even then, you should obtain a lawyer’s advice before submitting to a blood, breath or urine test at the police station or hospital. Your driver’s license may be suspended for refusal, but you will not face jail time as you could for DUI.
A DUI conviction can have devastating consequences for your driving privileges, your insurance rates, and your employment. If you are pulled over, you should not make it easy for prosecutors by providing the police officer with incriminating evidence.
To protect yourself, call an experienced DUI defense attorney as soon as possible. Even if you had a few drinks before driving, you should not assume the state has enough evidence to prove you were driving under the influence.