My last two DUI case wins show the importance of doing “nothing.”  While there are many self-help books and articles going around that emphasize the importance of being able to do nothing when alleviating stressful situations, the same advice should be applied when you are stopped for DUI.

dui-in-georgiaThe important thing to understand is that during any police stop, the officer, in asking you questions and asking you to perform certain “field sobriety evaluations,” is in reality attempting to gather evidence which he can use against you at trial. Therefore, even a seemingly harmless admission of drinking can be used against you.

In one of my DUI cases this month, my client ran through a stop sign obscured by a tree limb; she actually had only consumed one glass of wine.  She never admitted drinking anything, never took the field tests, and refused to take a State chemical test. As a result, the DUI was dismissed.

In another case, my client was stopped for failure to wear a seat belt; he did admit to having a couple of beers at the Braves game.  However, he did NOT do any field tests, nor did he take the State chemical tests. As a result, his DUI was also dismissed.

In another case I had a client stopped who admitted drinking a couple of beers. She agreed to submit to field tests; however, the video showed the field tests were administered incorrectly by the officer.  My client, however, then agreed to take a State breath test at the jail and registered a .13 (above the legal limit of .08). Had she refused to take the State breath test, the DUI charges more than likely would have been reduced to reckless driving charges.

It seems to go against human nature to do “nothing.” Not only in DUI stops, but in most areas of our lives we feel the need to do something.  My advice is to cultivate the habit of doing nothing. It just might help if you find yourself charged with a DUI.

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