Georgia DWI Traffic Stops & Checkpoints
What if I’m asked about drinking?
You will have to make a judgment call about how to answer. First of all, don’t lie. Lying leads to complications if the officer decides to charge you with DUI or DWI, remember that everything you do or say is probably being recorded.
A. If you have not been drinking, tell the officer you have not been drinking.
B. If you have engaged in very light drinking and believe you are not intoxicated, inform the officer because being honest may help you later in your defense.
C. If you are intoxicated, politely inform the officer that your attorney has instructed you to never answer an officer’s questions without him or her present.
What if I’m asked
to get out of my vehicle?
In most states an officer has the right to order you and any passengers out of the vehicle. Failing to comply may give the officer grounds to arrest you. Be polite, comply with the officer’s requests and smile for the camera.
What if I’m asked to take a test?
There are two types of tests you could be asked to take. Field Sobriety Tests (FSTs) cover a variety of physical tests to determine sobriety. In most states, there is no legal consequence for refusing FSTs. Since these tests are generally used to gather evidence and many factors can influence your performance, politely refusing to take FSTs can be the right decision in most cases.
Refusing to take breath tests, on the other hand, typically result in severe consequences. In most states your driver’s license will be automatically revoked for as long as a year (even if you are not convicted) and your refusal to submit to the breath test can be admitted as evidence against you.
If you believe you are sober and want to keep your license, submit to the breath test, and if given a choice, choose the more accurate blood test (less chance of a false positive).
If you believe you are not sober and are willing to sacrifice your license to improve your case, the best choice may be to refuse all testing. If you are underage or were involved in an accident with an injury, your best course of action may be to refuse all testing.
I tested over the legal limit, does that mean I am guilty?
NO! Sobriety tests are merely evidence against you and not conclusive proof that you violated the law. There are many, many factors to consider when planning you defense, including the conduct of the police officers, the accuracy of the test and how it was administered as well as the timing of the test.
ALWAYS request an independent
test of your sample.
If the officer is not able to preserve your sample (which may be the case with a breath test) request that you be given a different test (like blood or urine) that can be preserved and independently tested.
PLEASE REMEMBER taking a CAB is the easiest way to avoid a DWI if you do not already have a designated driver. Don’t drink & drive.
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