Tag Archives: state chemical test

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.

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.

Contact MrGADUI

Please leave this field empty.

Archives

Newsletter

Location

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.
state chemical test