Tag Archives: field sobriety evaluations

4 Rules to Live By if You Are Stopped by Police: A New Spin

You probably know by now that as an experienced DUI lawyer, I am an advocate for simple tips that can save you a lot of trouble if you are ever faced with an under-the-influence dilemma. Due to changing conditions in the law world, I’ve revamped my 4 Simple Rules to reflect the best behaviors you can practice in a traffic stop. Though nothing is ever simple when it comes to traffic stops, these rules are proven to help.

what to do if pulled over by police in Georgia
  1. Never admit to drinking or anything else. This rule has remained constant throughout the years. This does not mean deny drinking, it means do not admit or deny drinking or anything else. If you admit drinking, then he or she should ask you what you were drinking, how much, and when. You help an officer tremendously in proving you guilty of DUI when you admit to having multiple drinks, regardless of any other evidence that would tend to prove you were not impaired. 
  2. Do not submit to any roadside field sobriety evaluations.  Roadside tests are voluntary, but an officer doesn’t have to tell you as much. While he/she may show you how to do the evaluations, they never tell you exactly how they are “scoring.” If there is no video evidence, a cop can basically say anything in his report about how you performed on the evaluation. In fact, most DUI Task Force officers admit that they would not take the field sobriety tests if asked. Just say no.
  3. Invoke your 4th Amendment right against unreasonable searches. Though this only works in certain situations, you do have the right to refuse an unreasonable search.  There are current cases on appeal which involve the issue that a warrantless search of a person’s blood, breath, urine, so forth, may violate the 4th Amendment, and that the police can easily obtain a search warrant now, in a DUI case, for blood. Also, one should NEVER consent to a warrantless search of one’s car.
  4. If you take the State chemical test, always ask for an independent test of your “other bodily substance,” such as hair or saliva.  If you refuse to take the state chemical test, not only are you subject to losing your license for a full year with no permit, you may also have your blood drawn with the results being used against you. Once you do take the designated State tests, you are entitled to an independent test of your own choosing of your blood, breath, urine, or other bodily substances (such as hair or saliva). This way, the burden shifts to the officer to reasonably accommodate your request or the State test cannot be used against you.

Regardless of the situation at hand, do your best to remain focused on not providing evidence that would tend to prove your guilt of DUI.  For more information, contact me, Mickey Roberts. Be sure to follow me on FacebookTwitter, and Google+ for Georgia law updates and news.

March’s Case of the Month: How an Underage DUI Became a Simple MIP

This month’s case shows the value of having an experienced DUI attorney who has a reputation for aggressively defending cases.  In an Athens-Clarke County case, my UGA student client was in a Pre Trial Diversion for a previous Minor in Possession (MIP) of Alcohol charge when he was arrested by Athens police and charged with DUI.

case of the monthSo now, he had a DUI charge and the old MIP charge pending in Athens. Unsurprisingly, the police report had my client as being intoxicated, but after reviewing the video, I thought otherwise of the evidence.

The cop had stopped my client for a broken taillight, yet the cop was approaching my client, and it would have been extremely difficult for the cop to actually see a broken taillight. The video revealed my client’s physical appearance to be normal. My client denied drinking and refused a breath test after arrest. Any clues on the Field Sobriety Evaluations were minimal.

Nonetheless, because the client was under 21 at the time of the arrest, any evidence of him having consumed alcohol could have resulted in a guilty verdict. We employed the use of an expert in Field Evaluations who agreed with me that the evidence was slim and was known and respected by the prosecutor. Eventually, we negotiated a plea to 2 MIPs, allowing my client to continue driving and to not have a DUI conviction on his record.

One more thing: We structured the plea so that the MIP pleas would not result in a suspension of client’s license. (He could have had a 1 year suspension!)  It is important that a traffic lawyer knows how to structure pleas for the best possible outcome, and this means the lawyer must have a thorough knowledge of Georgia Traffic Laws.

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.

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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.
field sobriety evaluations