Your Legal Rights
Make sure you have read and understand these rights before you are
ever stopped by the police:
- You must provide the officer with your driver's license and proof
of insurance.
- Afterwards, request that the officer allow you to leave. If the
officer refuses to allow you to leave, ask him if you are in custody.
- If the officer does not allow you to leave, invoke your RIGHT TO
REMAIN SILENT.
- If you are stopped for DUI, you DO NOT HAVE TO TAKE ANY FIELD SOBRIETY
TESTS, including the hand held ALCO-SENSOR breath testing device (i.e.
ABC's, touch nose, heel to toe, etc.).
- If you are under 21, or this is NOT your first DUI in 5 years, REFUSE
to
take any state chemical test of your blood, breath, or urine! Otherwise,
immediately after arrest request a blood test and an independent breath
test with another police department, and then take the state test(s).
- If you register over .08 (or above a .02 if you are under 21) on
the State Chemical test, or if you REFUSE the test, YOU HAVE 10 BUSINESS DAYS FROM THE ARREST
in which to request a hearing from the department of Public Safety.
If you do not make such a request, your DRIVER'S LICENSE WILL BE SUSPENDED!!!
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- You DO NOT HAVE TO CONSENT TO A SEARCH OF YOUR CAR. If you do consent, then any evidence found in the car will be used against you!
- Once you are in custody, you can invoke your RIGHT TO AN ATTORNEY! Understand however, that you are not guaranteed the right to call an attorney for advice on a roadside stop. Invoke that right at the jail, but do not refuse to take the State test! Otherwise, your license will be suspended for one year!
- If you are charged with possession of a controlled substance (marijuana, cocaine, etc.), and are convicted or plead guilty, your DRIVER'S LICENSE WILL BE SUSPENDED FOR A MINIMUM OF 6 MONTHS!
| Notice and 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. |
Mickey G. Roberts DUI Attorney
770-923-4948
www.mrgadui.com
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