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.