Marietta Driving under the Influence (DUI) Lawyer

/in , , , , , , , , , /by

by Mary Agramonte

If you or a loved one has been charged with a Marietta DUI, contact our firm to speak with experienced DUI attorneys on how to best defend your case. Experienced Marietta lawyers in our firm are available any time, including nights and weekends, to provide you with the best possible outcome and advice. We can be contacted 24/7 at 404-581-0999 and provide free consultations.

Our firm consists of six highly trained Marietta and Cobb County attorneys. We have an office near the Marietta Square and Cobb Courthouse – with the Peach State Lawyer Hummer parked out front. W. Scott Smith has 18 years of DUI under his belt, and is active The National College of DUI Defense, Georgia Association for Criminal Defense Lawyers, The Lawyer Club of Atlanta, the Cobb County Bar Association and the Sandy Springs Bar Association. Mary Agramonte is an associate of W. Scott Smith and is a Marietta and Cobb County DUI lawyer and has successfully completed multiple advanced DUI seminars, as well as attended the renowned Bill Daniels Trial Lawyers College.

The address of Marietta Municipal Court is 240 Lemon St NE, Marietta, GA 30060. It is located in the same building as the Marietta Police Department. This court handles all cases where defendants are charged with traffic misdemeanors and local ordinances within the City of Marietta in Cobb County. The City of Marietta has its own police department, and so if you are arrested for a DUI in Cobb County by a Marietta Police Officer, your case will begin in the Marietta Municipal Court.

If you have been arrested with a DUI in Marietta or in Cobb County, our lawyers are ready to fight to avoid a DUI conviction. We are a group of knowledgeable attorneys prepared to defend against your Cobb County DUI in order to best protect your freedom and your license. If you have been charged with Driving with a Suspended License, a Super Speeder Speeding ticket, or Possession of Marijuana, and your case is in the Marietta Municipal Court, then call a law firm with the experience necessary to achieve the most favorable result for you.  We are available 24/7 to speak with you about your Marietta DUI or Marietta traffic case at 404-581-0999.

Serious Injury by Vehicle and Vehicular Homicide in Georgia

/in , , , , , , , , , /by

You have been charged in Georgia with Vehicular Homicide or Serious Injury by Vehicle.  There is no way to describe in detail everything that needs to be done in order to reach a successful outcome for a client charged with Vehicular Homicide or Serious Injury by Vehicle in Georgia.  As with every type of Georgia criminal defense case, each case is unique, and there will never be a one size fits all recommendation on how to proceed.

Vehicular Homicide in Georgia provides:

“(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person’s license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.”

The Georgia charge of Serious Injury by Vehicle provides “Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.”

What do you do if you have been charged in Georgia with Vehicular Homicide or Serious Injury by Vehicle?  The answer is going to depend on several factors.  Lets assume for this discussion the accident occurred more than one week prior to you reading this post and less than six months.  The accident happened in Georgia and you already gave a statement to law enforcement as to your recollection.

First, you want to retain a Georgia lawyer that is qualified to handle vehicular homicide cases.  The lawyer’s job will be to recreate the accident scene, assist you with your time line, assist in preserving your recollection and assisting in the investigation from the defense’s perspective.  The most important role will be in collecting and preserving evidence for the investigation.  Examples include: preserving phone records, marks on the highway, weather conditions from the accident day, videos from near the scene and credit card receipts.  Further, the serious injury Georgia lawyer will be a good sounding board for questions and expectations.  The Georgia vehicular homicide attorney will likely put the client on a to-do list involving things to help prepare the case.  The vehicular homicide or serious injury attorney will facilitate hiring an investigator and experts.  The attorney will also want to walk through the scene with the client as soon as possible.

As with anyone facing vehicular homicide charges or serious injury by vehicle charges, one of your immediate concerns will be bond.  If you cannot post a bond on a vehicular homicide case you are going to have no ability to earn money which is very much needed in order to prepare your case.  Further, the cases generally take slightly longer before formal charges are brought as there is almost always an accident reconstruction done by the city, county or State of Georgia that takes time to complete.  The case will not be indicted or accused until the final police accident report is approved.  You will want to be released on a nominal bond with as little conditions as possible.  The consideration for bond are the same as general criminal cases.  They include, likelihood to appear in court when summoned, danger to the community to commit a new felony offense, likelihood of harassing or intimidating witnesses, and your ties to the community.  In some vehicular homicide cases I have handled Judges have required special conditions in order to be released.  They include no driving, no alcohol and a treatment program.

Additionally, in the majority of cases, the injured party themselves or their family in a vehicular homicide case will need to be contacted.  If the fault is clear and the remorse is genuine, you will want to make the injured party or parties aware of your apology.  This step was an integral part of several vehicular homicide cases I successfully defended.  One reason is the prosecutor has a duty to consider the injured victim(s) input on desired outcome.  This is a very sensitive time and you must handle the communication in an appropriate manner.

Lastly, you will want to stop talking about the case to friends, family, law enforcement.  You will want to not post items to social media as your account will be monitored by someone from law enforcement or the victim’s family.  Any statements you make can potentially be used against you.  In rare cases, where you already made a statement to law enforcement, but left out exculpatory (items tending to prove innocence) information, you will want to supplement your statement to law enforcement.  This statement will be made through your attorney after properly being vetted for accuracy and potential harm to your case.

If you or a loved one is facing a Vehicular Homicide or Serious Injury by Vehicle charge, it is important you have an experienced criminal defense attorney with the experience and skill necessary to fight this case. Call us today for a FREE CONSULTATION at 404-581-0999.

Avondale Estates DUI Lawyer

/in , , , , , , , , , /by

If you or a loved one has been charged with an Avondale Estates DUI, contact our firm to speak with experienced DUI attorneys on how to best defend your case. Experienced Avondale Estates lawyers in our firm are available any time, including nights and weekends, to provide you with the best possible outcome and advice. We can be contacted 24/7 at 404-581-0999 and provide free consultations.

Our firm consists of six highly trained Avondale Estates attorneys. W. Scott Smith has 18 years of DUI law under his belt, and is active The National College of DUI Defense, Georgia Association for Criminal Defense Lawyers, The Lawyer Club of Atlanta, the Cobb County Bar Association and the Sandy Springs Bar Association. The associates of W. Scott Smith, are  Avondale Estates DUI lawyers and have each successfully completed multiple advanced DUI seminars.

The address of Avondale Estates Court is 21 N. Avondale Road in Avondale Estates, Georgia. It is located in City Hall in Avondale Estates. This court handles all cases where defendants are charged with traffic misdemeanors and local ordinances within the City of Avondale Estates. Avondale Estates has its own police department, and so if you are arrested for a DUI in Avondale Estates by an Avondale Estates Police Officer, your case will begin in the Municipal Court.

If you have been arrested with a DUI in Avondale Estates, our lawyers are ready to fight to avoid a DUI conviction. We are a group of knowledgeable attorneys prepared to defend against your Avondale Estates DUI in order to best protect your freedom and your license. We are available 24/7 to speak with you about your Avondale Estates DUI at 404-581-0999.

City of Atlanta Municipal Court Practices and Procedure

/in , , , , , , , , /by

by Ryan Walsh

We get questions every day about how the Atlanta Municipal Court operates on a day to day basis. The Atlanta Municipal Court is the busiest courthouse in the southeast, and it is easy to get overwhelmed in the process. It is located at 150 Garnett Street, Atlanta, GA 30303 on the corner of Pryor Street and Garnett Street in downtown Atlanta. The courthouse is open from 7am – 5pm Monday through Friday (excluding city holidays).

The most important thing you can do to prepare for court at the Atlanta Municipal Court is to verify your court date and time. You can do this in three ways.

Two of those methods are done through online searches:

  • Go to Find My Court Case at the Atlanta Municipal Court’s website and put in your full name or citation number: http://court.atlantaga.gov/mycase/
  • You can search daily dockets for the current month of cases through the Atlanta Courtview system: http://courtview.atlantaga.gov/courtcalendars/default.aspx?Calendar=D Click on the date of your scheduled appearance and scroll through the court dates until you find your name. It should also tell you the time of your appearance and courtroom you are assigned.
  • Finally, you can call the Atlanta Municipal Court clerk’s office at 404-954-7914.

There are 10 Judges assigned to courtrooms in the Atlanta Municipal Court. Those Judges assigned by courtroom are:

3A – Judge Ward, 3B – Judge Gaines , 5A – Judge Portis, 5B – Judge Butler, 5C – Judge Sloan, 5D – Judge Dupre, 6A – Judge Bey, 6B – Judge Gundy, 6C – Judge Graves, and 6D – Judge Jackson

Judge Ward currently handles clients who have previously failed to appear in court. Judge Sloan only handles clients who are charged with Driving under the Influence (DUI). Judge Portis only handles code violations, which are generally residential, business, and noise ordinances. The other Judges handle a combination of state law offenses (traffic and some misdemeanors) and city ordinances.

Court is held at four times each day. Court times are 8:00am, 10:00am, 1:00pm, and 3:00pm. Depending which Judge you are assigned to will determine the time you need to appear in court each day.

Some charges in the City of Atlanta are eligible for the Pre-Trial Intervention program. Completion of the Pre-Trial Intervention program assures your case will be dismissed and your record will be restricted. Our office of experienced attorneys can guide you through the Pre-Trial Intervention program and determine whether we believe your charges will be eligible.

Clients often come to our office after failing to appear in court. Once you fail to appear in court in the Atlanta Municipal Court, your case is taken off the calendar and a bench warrant is issued for your arrest. If you do not address your failure to appear in twenty-one (21) days, the Atlanta Municipal Court sends information to the Georgia Department of Driver Services to suspend your Georgia driver’s license or your privilege to drive in the State of Georgia. At that point your case must be resolved in order to receive documentation to re-instate your driver’s license.

In order to get a court date after you fail to appear in court, you must show up between 7 and 8am at the City of Atlanta Courthouse. You will go downstairs to courtroom 1B where they will add your case to the failure to appear courtroom that day. That courtroom is courtroom 3A. You will then have the option to resolve your case through a plea, or ask for a trial. No matter what happens, you will receive paperwork that recalls the active bench warrant. After your case is resolved you will receive the paperwork to reinstate your driver’s license with the Department of Driver Services to lift any current suspension due to failing to appear.

The Atlanta Municipal Court is the busiest courthouse in the Southeast, handling more cases daily than any other courthouse. Navigating the court process can be difficult. Our firm handles charges in Atlanta every day. We are here to answer your questions and help you. Call us today at 404-581-0999 for a free consultation.

New Georgia Drivers License Suspension Rules after DUI Arrest

/in , , , , , , , , , /by

by Ryan Walsh

On July 1, 2017, the law changed in respect to administrative license suspensions after DUI arrests for drivers with a Georgia driver’s license under Georgia law.

In Georgia, an officer can petition the Department of Driver Services to suspend your driver’s license under the Georgia implied consent statute if the officer places you under arrest for Driving under the Influence (DUI), reads you the Georgia implied consent notice, and you either refuse to submit to the requested sample of your blood, breath, or urine, say nothing, or present a sample that is positive for alcohol at a level over .08, or shows the presence of drugs.

The officer must then issue to you a DS-1205 form stating the reason for the license suspension. This DS-1205 form acts in three ways. It is a notice of license suspension. It is a temporary driving permit. And it also informs you of your right to appeal this suspension of your driver’s license based on the Georgia implied consent law.

As of July 1, 2017, when you are arrested for DUI in Georgia and issued a DS-1205 form, that form now serves as a forty-five (45) day temporary driving permit. You have two options to proceed, and if you do nothing your Georgia driver’s license will be suspended at the end of 45 days.

Your first option is to use the old procedure to request a hearing. You have 30 days (not business days) to request a hearing regarding the suspension of your license by submitting a written request along with a money order for $150.00 to the Department of Driver Services. Requesting a hearing begins a process which is identical to the old method of Administrative License Suspension hearings with the same potential outcomes. We have writtentwo blogs outlining the old procedure which can be read here: http://www.peachstatelawyer.com/ds-1205-where-is-my-license-and-whats-this-piece-of-paper/ and http://www.peachstatelawyer.com/ds-1205-als-this-sheet-of-paper-is-nice-but-i-want-my-license-back-man/

Your second option is to forego asking for a hearing regarding the license suspension. Instead, you can apply for an ignition interlock device limited permit through the Department of Driver Services. To apply for a permit you must go to the Department of Driver Services and do the following things within thirty (30) days of receiving the DS-1205 form: (1) Install and maintain an ignition interlock device with a vendor of your own choosing for the twelve month period of your ignition interlock device limited permit. Once the Ignition Interlock Device is installed you can go to a Georgia DDS location and pay a $25.00 ignition interlock device limited permit fee, surrender your Georgia driver’s license, and execute an affidavit stating you waive your right to a hearing under the Georgia implied consent law to obtain an ignition interlock device limited permit.

Your permit will be revoked if you are convicted of a moving violation under the laws of the State of Georgia, if you have been found to have violated the terms of the limited driving permit, or you have been found to have tampered with the ignition interlock device.

You can only drive on your ignition interlock device permit for the following reasons: (1) to and from work along with performing the normal duties of your job, (2) receiving medical care or obtaining prescriptions, (3) attending school, (4) attending treatment, (5) attending court ordered driver education, (6) attending court, (7) attending community service, (8) taking a family member to work, school, or a medical appointment, (9) court ordered activities, and (10) visiting the ignition interlock provider monthly.

At the time you apply for your Ignition Interlock permit you waive your right to a hearing challenging the administrative license suspension. You must be over 21 and have a Georgia driver’s license to apply for an ignition interlock device permit. You will not be given a permit if you have a DUI conviction on your record with an arrest date within the past five years. Applying for an interlock permit will remove your CDL status if you have a commercial driver’s license.

If you choose to go the Ignition Interlock Device Permit route, you must have the ignition interlock device installed within ten days of receiving the permit. The device must be installed for a minimum of 120 days. You cannot drive any vehicle that does not have an ignition interlock device installed on it. If your case is resolved with a disposition that is not DUI while you have an ignition interlock device permit, you must remain on the permit for the entire twelve months unless you gave an implied consent sample on a DUI alcohol case. Refusal cases must continue on the permit for the entire twelve months, even if their case is dismissed or reduced.

Time spent on an ignition interlock device permit is credited towards any driver’s license suspension for a DUI conviction. You must pay a $100 reinstatement fee at the expiration of your ignition interlock device permit to reinstate your full driving privileges.

These rules are a significant departure from the longstanding procedures regarding Georgia driver’s licenses after DUI arrests. Call us today at 404-581-0999 if you have any questions about your drivers license.

VIDEO – Georgia Drivers License Consequences of a Second in Five Year DUI Conviction in Georgia

/in , , , , , /by

If you are convicted of a second DUI charge within a five year period from the dates of arrest, the penalty against your drivers license by the Georgia Department of Drivers Services is escalated. For a second in five conviction, your full driving privileges will be suspended for eighteen months. After first serving a 120 day hard suspension of your license which means no driving at all in those first 120 days, you will be eligible for a twelve month ignition interlock device permit if you have completed the following requirements:

  • You must submit an original certificate of completion of a DDS approved alcohol or drug use risk reduction program
  • Complete a clinical evaluation with a counselor licensed by the Department of Behavioral Health and Developmental Disabilities along with any treatment required by the counselor
  • Show proof of installation of an Ignition Interlock Device in your vehicle from a DDS approved vendor
  • Pay a $25 permit fee.

If you cannot afford the cost to obtain an ignition interlock device in your vehicle, the court can exempt you from the requirements of the device, but you will still have to serve that additional twelve month suspension of your license.

After serving the 120 day hard suspension and the additional twelve months with an ignition interlock device, you must still serve an additional two months without the interlock device for a total of eighteen months before you can reinstate your full license.

For reinstatement you must pay the $210 reinstatement fee and show DDS proof that an ignition interlock device was maintained in your vehicle for twelve months or show an order from the court exempting you from the interlock device due to hardship.

A second in five DUI conviction will cause a major impact to your ability to drive. Therefore, it’s important to get out in front of a second DUI arrest by consulting with an attorney to discuss your options in fighting the case. Our experienced attorneys are available twenty four hours a day  seven days a week to talk with you about your case.

Call us today at 404-581-0999. Thank you.

Restoration of Rights and Pardons from the State of Georgia

/in , , , , , , , , , , , , , /by

by Mary Agramonte

Mary Agramonte is an attorney with W. Scott Smith P.C.

Mary Agramonte is an attorney with W. Scott Smith P.C.

A felony conviction on your record comes with many consequences. You served the time, but now you are finding more and more ways that your record is stopping you from getting to where you want to be. For example, convicted felons lose various civil and political rights. Felons cannot vote while they are still incarcerated or on parole or probation. A convicted felon is unable to run for and hold public office or serve on a jury.

In Georgia, felons can apply to restore these civil rights that were lost at the time of their conviction. The right to vote is automatically restored upon completion of the sentence. However, if you are looking to restore your civil and political rights, a special application must be submitted asking the State of Georgia to allow you to serve on a jury and hold a public office. To be eligible to have your civil and political rights restored, you must have completed your sentence within two (2) years prior to applying, and you must demonstrate that you have been living a law-abiding life. There is no fee to apply to have your civil and political rights restored through the State Board of Pardons and Paroles.

If you are finding that your criminal history is following you, but that you are not eligible for Record Restriction, which is Georgia’s version of expungement, Georgia Record Restriction Blog there may be a way for you to advance in your employment and education, despite the felony conviction on your record. In limited circumstances, the State of Georgia can pardon your offense, which is an official forgiveness granted to you. The pardon does not expunge or erase the crime from your record. However, a pardon will serve as an Official Statement attached to your criminal record that states the State of Georgia has pardoned, or forgiven, your crime. The State will make this decision based on the fact that you have maintained a good reputation after completing your sentence, and have truly changed your life after the conviction. Pardons have a better chance of being granted if there is clear proof that the felony is disallowing your qualification for employment in your chosen field. An official pardon will also automatically restore your civil and political rights. In order to apply for a pardon, you must have completed your sentence at least five years ago, and have not gotten into trouble at all in the last five years. All restitution must be paid in full by the time you apply.  Letters of recommendation, school documents, resumes, and awards and certificates, are all helpful to show the State how important a pardon would be in your life.

There is no fee and the State uses the same application for restoring civil and political rights, and for pardons. The application can be found here: Restoration of Rights Application

Our law firm consists of seven criminal defense attorneys who represent individuals facing felony and misdemeanor charges in Georgia. We hope this information helps you restore your civil or political rights in Georgia. If you are currently facing criminal charges, our knowledgeable and experienced criminal defense lawyers have what it takes to defend against the most serious offenses. Call us today for a free consultation at 404-581-0999.

VIDEO – One Leg Stand Field Sobriety Test

/in , , , , , , , /by

by Scott Smith and Ryan Walsh

You’ve agreed to take standardized field sobriety tests and the next thing you know you are raising your foot off the ground, trying to balance on one leg. What is this test? What is the officer looking for? Those questions are the subject of today’s Peach State Lawyer video blog.

The last of the three standardized field sobriety tests is the one leg stand field sobriety test. This test is performed exactly how it sounds. The officer will have you stand with your feet together, hands down by your side. You will then raise one leg six inches off the ground and hold that position, counting out one thousand-one, one thousand-two, and so on, until the officer asks you to stop.

Typically, this test will last approximately thirty seconds. During this test, the officer is looking for four specific clues. Those clues are number one, putting your foot down, hopping, swaying, and using your arms for balance.

If any of these four clues happen once at any time during the test, it constitutes a clue. Exhibiting two clues out of four clues indicates to the officer that you are an impaired driver. An experienced Georgia DUI attorney can help you look at a copy of the video and point out the good and bad things done on the test. This includes the officer’s description and demonstration of the test.

In our experience, people who have nothing to drink can sometimes perform very poorly on this dexterity test.

Our officer of experienced Georgia DUI attorneys can look at your performance on any of these field sobriety tests and tell you the legal and factual defenses we can use to help get your charges dismissed, reduced, or prepared to fight at trial.

We’re available twenty four hours a day, seven days a week to meet with you regarding your pending DUI case. Call us today at 404-581-0999.

Thank you so much.

VIDEO – Walk and Turn Field Sobriety Test

/in , , , , , , , , /by

Imagine a straight line in front of you. Put your left foot on that line. Place your right foot in front of your left foot with your left toe touching your right heel. Put your hands down by your sides and hold that position without moving. Hello, I’m attorney Scott Smith and today we’re talking about the walk and turn field sobriety test, the second of the three standardized field sobriety tests approved by the National Highway Traffic and Safety Administration designed for the detection of impaired drivers.

Are you still holding that starting position I discussed in the beginning of this video? It’s tough isn’t it? Now imagine you’re on the side of the interstate with cars passing at seventy miles per hour, or in a parking lot next to a busy intersection with people looking on. You’ve got an officer that’s already told you that the test is to determine whether or not you’re safe to continue to drive. Is it getting more difficult? You haven’t even begun to actually walk the test yet.

The walk and turn field sobriety test provides the officer seventy-six different opportunities to notice eight clues of impairment. If the officer notices only two clues, it gives the officer enough evidence to believe you are an impaired driver.

The eight clues are broken down into two phases. The first phase is the instructional phase. During the instructional phase the officer asks you to get into the position described at the start of the video. During this instructional phase the officer is looking to see if you break that stance of if you start too soon by mimicking the officer’s movements. Those are the first two of eight clues.

During each series of nine steps you take, the officer is looking for four clues on each step. They are looking to see whether you miss touching heel to toe, whether you step off your line, whether you stop walking at any point during the step taking, or whether or not you use your arms for balance.

There are two final in the walking phase. One is for not turning exactly as instructed by the officer, and the final clue is for taking the incorrect number of steps in either series of nine steps, going out or coming back.

Does this test seem difficult to you to pass? The test isn’t designed to be passed. It is designed to show the officer clues of impairment to help them justify arresting you. We recommend to all our clients to politely refuse to participate in field sobriety testing, especially the dexterity testing. Do not help the officer make their case.

Our team of experienced Georgia DUI attorneys are trained just like the police officers in how to properly perform field sobriety evaluations. We are trained to look at each test and break down whether or not the instructions are correct, whether the officer demonstrated it correctly, and whether or not you actually exhibited the clues the officer said he saw at the time of you conducting these tests.

If you’ve been stopped for DUI and you are worried about your performance on the walk and turn field sobriety test, or whether or not you’ve just got questions for us, call our office today for a free consultation. We’re available twenty-four hours a day, seven days a week. Our telephone number is 404-581-0999.

Thank you.

VIDEO – What to Do When Stopped for DUI

/in , , , , , , , , /by

You’ve gone out with friends or family. You’ve had a few drinks and you’re driving home when you see the blue lights behind you. What do you do when stopped for DUI? That’s the topic of today’s Peach State Lawyer video blog. Hi, I’m Scott Smith and today we’re talking about what do you do when stopped for DUI after a night out drinking.

From the time you first notice an officer behind you, you need to know that the police officer has already begun their DUI investigation.

When you see those blue lights turn on, your first job is to pull over safely and quickly. Use your turn signal to indicate you notice the police officer behind you. Slow down and pull over onto the first side street or well-lit parking lot you see.

Once stopped, put your car in park and get your driver’s license out. Put it in a place where you can easily reach it as the officer will ask you for it. Check the time in your vehicle and think about where you were coming from before you were stopped and where you were going. Also know the addresses of any major cross streets in the area you were pulled over.

Expect the officer to approach your window and ask you if you know why you were pulled over. It is okay to tell them you are not sure why you were stopped. But know your statement can be an admission against you.

After this brief conversation officers will ask you more specific questions about how much you had to drink and where you were earlier that evening. Be careful with your answers. Any admissions of drinking can be used against you at trial. But a denial of drinking may be just as harmful as an admission.

Field sobriety tests are completely voluntary. Politely refuse them. These tests are designed solely to gather evidence that can help police officers make their decision to arrest you. You cannot pass these tests.

There are three standardized field sobriety tests that the National Highway Traffic and Safety Administration has determined are the only series of tests to determine alcohol impairment. These tests are number one the horizontal gaze nystagmus test, two, the walk and turn test, and three the one leg stand test. An in depth discussion of each of these tests is available in a separate video blog highlighting each of them.

You should also refuse to submit to a roadside breath test. Even though the officer will deny it, the roadside breath test will provide a number. And that number will be used by the officer in their decision to arrest you.

A DUI on your criminal history can follow you forever. Our office of experienced and trained Georgia DUI attorneys can help answer answer any questions you have about hypothetical situations or pending charges. We’re available twenty four hours a day, seven days a week to help you out. Call us today at 404-581-0999 for a free consultation.

Thank you so much.