Georgia DUI Traffic Stops & Checkpoints

What if I’m asked about drinking?
You will have to make a judgment call about how to answer.  First of all, don’t lie.  Lying leads to complications if the officer decides to charge you with DUI, remember that everything you do or say is probably being recorded. You may wish to answer that your attorney has instructed you not to answer questions like that without him or her present.

A. If you have not been drinking, tell the officer you have not been drinking.

B. If you have engaged in very light drinking and believe you are not under the influence of alcohol, tell the officer you have had something to drink but are not under the influence of alcohol, because being honest may help you later in your defense.

C. If you are under the influence of alcohol, politely inform the officer that your attorney has instructed you to never answer an officer’s questions without him or her present.

What if I’m asked
to get out of my vehicle?
In Georgia, an officer has the right to order you and any passengers out of the vehicle. Failing to comply may give the officer grounds to arrest you. Be polite, comply with the officer’s requests and smile for the camera.

What if I’m asked to take a test?
There are two types of tests you could be asked to take.  Field Sobriety Tests (FSTs) cover a variety of physical tests to determine sobriety.  In Georgia, there is no legal consequence for refusing FSTs (except that the prosecutor will later argue that you refused because you were under the influence of alcohol).  Since these tests are generally used to gather evidence and many factors can influence your performance, politely refusing to take FSTs can be the right decision in most cases. If you choose to refuse these tests, ask the officer if you are free to leave or if you are under arrest. If he says you are under arrest, tell him you wish to speak to your lawyer before any further proceedings.

Refusing to take breath tests, on the other hand, typically result in severe consequences.  In Georgia, your driver’s license will be automatically revoked for a year and your refusal to submit to the breath test can be admitted as evidence against you.

If you believe you are sober and want to keep your license, submit to the breath test, and if given a choice, choose the more accurate blood test (less chance of a false positive).  

If you believe you are not sober and are willing to sacrifice your license to improve your case, the best choice may be to refuse all testing.  If you are underage or were involved in an accident with an injury, your best course of action may be to refuse all testing.

I tested over the legal limit. Does that mean I am guilty?
NO! Sobriety tests are merely evidence against you and not conclusive proof that you violated the law. There are many, many factors to consider when planning you defense, including the conduct of the police officers, the accuracy of the test and how it was administered as well as the timing of the test.

ALWAYS request an independent
test of your sample.
In Georgia, you have a right to an independent test of your own choosing. The officer must accommodate your request by driving you to the nearest medical testing facility (but you are responsible for the expense of this test). Always request your own test, preferably of your blood or urine, so that the sample can be preserved as evidence (as opposed to a breath test, which cannot be preserved).

PLEASE REMEMBER taking a CAB is the easiest way to avoid a DUI if you do not already have a designated driver. Don’t drink & drive.

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