Tag Archives: field sobriety tests

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.

The Importance of Doing “Nothing”

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.

For more DUI arrest advice you can connect with me on Facebook, Twitter and Google+.  Keep reading the MRGADUI blog for the latest traffic law news.

Holidays Bring Increased DUI Enforcement

In the midst of the holiday season filled with friends, family, food and parties, it’s easy to get caught up in the festivities. Since holiday parties typically involve drinking, Atlanta DUI defense attorney Mickey Roberts wants to remind everyone that law enforcement will be out in full force on the roads, stopping drivers for suspected DUI as part of Georgia’s Operation Zero Tolerance campaign.

Being charged with a DUI can be difficult since, without the proper representation, it can lead to an unfortunate outcome. As seen in previous blogs, the 4 simple rules can help drivers avoid incriminating themselves during field sobriety tests or verbal interrogations. Of course a qualified attorney can defend you if you are charged with any violations, but it is best to avoid the situation altogether, especially during the holidays. Holidays Bring Increased DUI Enforcement in Metro Atlanta GA

According to the latest statistics published by the National Highway Traffic Safety Administration, 2,597 people were killed in traffic accidents in the U.S. during December 2010. 775 of those vehicular homicide cases involved alcohol-impaired drivers. If you insist on drinking, then set up other travel alternatives and be wise about consumption so you can be sober once you get ready to leave.  Drink in moderation and eat enough food since the consumption of food will delay the absorption of alcohol so the alcohol can be processed over a longer period of time. However, keep in mind that alcohol metabolism is a complex process that is dependent on many factors such as a person’s gender, body weight, and hydration.

Like many states, Georgia will offer free sober rides on New Year’s Eve sponsored by the Governor’s Office of Highway Safety. Other organizations, such as AAA will also offer designated driving services. With the heightened enforcement and zero tolerance, drivers should never take any chances. If you do not have a designated driver, be sure to take advantage of ride programs, use public transportation, or hire a cab to take you home safely.

Attorney Mickey Roberts has seen many drivers’ holidays take an unfortunate turn due to drunk driving or vehicular homicide charges. He urges all drivers to drive carefully and make wise decisions to avoid being arrested for DUI. If you have been arrested for DUI or other violations, contact Mr. GaDUI today. Also be sure to follow him on Facebook, Twitter, and Google+ for more traffic law updates and news.

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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.
field sobriety tests