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What Happens When You Are Arrested for DUI?

Whether you have been arrested for DUI (Driving under the Influence) for the first time or multiple times, you may be wondering how the DUI process works and exactly what you should be doing NOW.  Below, DUI attorney Mickey Roberts details step-by-step what happens when you’re stopped for suspicion of DUI.

  1. After suspicion or probable cause (for example, operating your vehicle in an unusual or illegal manner), an officer stops your vehicle and requests you to pull over before obtaining your driver’s license, vehicle registration, and insurance card.
  2. After providing the police with your license and insurance, tell the officer you are invoking your 4th Amendment rights. Also tell him/her that you are invoking your 5th Amendment rights as well.
  3. If the officer suspects you are under the influence of alcohol, you will be asked to submit to field sobriety tests such as horizontal gaze, walk-and-turn, and the one-leg stand evaluations.
  4. Following the field sobriety tests, if the officer suspects nothing, you will be released. However, if the officer has probable cause, you will be placed under DUI arrest and taken to the police station. You will be asked to submit chemical testing of breath, blood, or urine.
  5. … Do NOT refuse to take the State chemical tests UNLESS you have had enough alcohol to be above the .08 limit. If you refuse to take the test, your license could be suspended for one year.
  6. If you are under 21, or this is not your first DUI in five years, it is recommended that you refuse to take any state chemical test of blood, breath, or urine. Otherwise, request a blood test and independent breath test with another police department immediately after arrest, and then take the state test(s). Do not refuse to the take the State test outright or your license will be suspended for one year.
  7. Once in custody, invoke your right to an attorney—however, you are not guaranteed the right to call an attorney for advice on a roadside stop. Memorize and print your legal rights NOW to avoid problems at the scene.
  8. You are required to post bond and may be incarcerated until bond is posted.
  9. Your vehicle may be towed, impounded, or seized.
  10. Keep in mind: If you register over .08 on the state chemical test or refuse completion, you only have ten business days from the arrest to request a hearing from the department of Public Safety before your driver’s license will be inevitably suspended.


Stay tuned for a blog coming soon for more on what happens after your arrest. If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

Full Disclosure? Not for Georgia Breath Tests

Many of our government officials love the term “full disclosure” these days. Another word they like to use is “transparency”. Yet, the Georgia  Supreme Court doesn’t believe in transparency or full disclosure when it comes to breath tests. Take the recent case of Padidham v. State, decided May 7, 2012.

Let me set the scene. In Georgia, when you are arrested for DUI, the officer reads you the Implied Consent Warning (ICW), where he basically informs you that “Georgia law requires you to submit to a test of blood, breath, urine or other bodily substance to determine if you are under the influence of alcohol, but you can refuse to take such test(s). The refusal can be used against you in court, and that if you do take the test(s), you are entitled to additional independent tests of your choosing.”

Logic would tell us that it would help to know the results of the “State” test BEFORE deciding whether to get an independent test or not. For instance, if the State breath test showed a blood alcohol content of .08, .09, or something close to the limit, you might want to ask for a blood test or another type of test.

It would be very easy for the police to let you know your results immediately after submitting to a breath test as the machine prints out copies of the results immediately after you blow into the machine. However in Padidham, our Georgia Supreme Court holds that ALL an officer needs to do is inform you of your right to an independent test. The police do NOT need to tell you your actual test results. Once again this brings to mind the saying, “good enough for government work.”

To learn more about DUI and traffic violation defense, read our blog and connect with us on Facebook, Twitter, and Google+.

Whose Dog is That Sniffing Around my House?

The U.S. Supreme Court has agreed to take a case out of Florida which asks the question: Does a police dog’s sniff outside a house give officers the right to get a search warrant for illegal drugs, or is the sniff an unconstitutional search? On the morning of Dec. 5, 2006, Miami-Dade police detectives and U.S. Drug Enforcement Administration agents set up surveillance outside a house south of the city after getting an anonymous tip that it might contain a marijuana grow operation. The cops brought Franky, a K-9 drug dog . The dog quickly detected the odor of pot at the base of the front door and sat down as he was trained to do. That sniff was used to get a search warrant from a judge. The house was searched and its lone occupant, Joelis Jardines, was arrested for drug possession after trying to escape out the back door. Officers pulled 179 live marijuana plants from the house, with an estimated street value of more than $700,000. The 4th Amendment to the U.S. Constitution forbids government searches of persons and property without probable cause. The U.S. Supreme Court has approved drug dog sniffs in several other major cases. Two of those involved

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2 HUGE DUI Decisions out today

The Georgia Supreme Court issued rulings in 2 cases today involving the issue of whether the manufacturer of Georgia’s breath machine can be subpoenaed to court.  The manufacturer, CMI, is based in Kentucky.  Defense lawyers have sought to subpoena the “source code” for the Intox 5000.  The source code is the software which runs the Intox.  Georgia prosecutors have always fought any request that the software be provided to see if the machine was working properly. The only avenue for a defendant to obtain the software was to request that a subpoena issue asking CMI’s representative to appear in a Georgia court and bring the software with them.  In one case,

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U.S. Supremes Continue Attack on 4th Amendment

Remember the phrase, “a person’s home is his castle?” Remember the 4th Amendment? You know,  the part about “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause..” The Founding Fathers specifically wrote the 4th Amendment  because they had lived with the King’s troops(today’s police) routinely entering their  homes for no reason other than that they carried the firepower and were the King’s agents. Now the US Supreme Court appears to be taking us back to the colonial days. This is what happened in Kentucky v. King;

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Disclaimer

The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.