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    What Do I Do When I am Pulled over for DUI?

    Posted on - Wednesday, June 9, 2021 under DUI

    The following information is for your benefit – you probably do not have any idea what you are supposed to do if you find yourself in a situation where you are stopped by law enforcement for driving under the influence. We are here to help! What follows are the basic, although not exhaustive, steps you need to take should law enforcement pull you over for DUI in Georgia.

    It is important to note that Georgia does not allow for you to call an attorney before you are arrested for drunk driving. Anything you may say to law enforcement before you are arrested is and will be used against you the overwhelming majority of the time.

    Do not be deceived into thinking answering will help you. Silence or avoiding self-incrimination is the best way to go. It is your right to remain silent. Do not voluntarily throw it away.

    Here are critical steps you should take when facing potential arrest for Driving Under the Influence in the State of Georgia:

    1. First and foremost, stay inside your vehicle unless commanded to get out of your vehicle by law enforcement. A request for you to exit the vehicle is considered to be a form of custody, since a traffic ticket is routinely given without the you being asked to remove yourself from the vehicle. Law enforcement officers do not want you to get out of that vehicle unless and or until you are asked to.
    2. The best step for drivers pulled over by law enforcement is to keep your hands on the top part of the steering wheel so law enforcement can clearly see them. Should you have passengers in your vehicle, it is imperative you instruct them to not say or do anything. This includes not talking to law enforcement unless your passenger/passengers are asked for their identification.
    3. Be polite and courteous to law enforcement. You must remain calm, quiet and respectful of law enforcement. Remember you are being recorded and your demeanor can may very well determine the outcome of your case. Some in law enforcement will arrest a driver who does not wish to talk to them or do field tests. This type of case will provide your lawyer a tremendous advantage in defending you.
    4. If you are read a warning off a green card shortly after arrest by law enforcement, you will be deemed to have been given notice of Georgia’s implied consent law. We recommend that you say yes. Drivers should tell law enforcement you want to speak to a lawyer as soon as possible, but you will take the requested test.
    5. Georgia law provides that only drivers who say yes to the test can demand and pay for an independent testThese tests are administered by qualified medical providers of your choice within a reasonable geographical distance.

    Law Enforcement are required to transport you to the test location you choose and make reasonable accommodations in your effort to obtain the independent test. We suggest you select a hospital or 24/7 clinic in one of the neighboring counties located in relation to where you are stopped.

    Hypothetical: You are stopped in Carroll County, Georgia – you will need to ask a hospital/ 24-hour clinic in Haralson County (Higgins or one of the Urgent Care Clinics), Coweta County hospital (Piedmont Newnan) or WellStar in Paulding County. These hospitals should have an ATM machine inside to allow you the opportunity while still being polite and courteous to law enforcement to ask to use the ATM in order to obtain cash for payment for the independent test.

    You will fail in trying to get yourself out of this situation the overwhelming majority of the time. Law enforcement does not care who you know, who you are, what you do for a living, what your spouse, parents, siblings or children do/ have done. Law Enforcement will not be swayed by this sort of action and may very well create more hardship for you.

    It is important to remember that you do not have to comply with a request, even if it sounds like a command, to perform a field test on the roadside prior to arrest. These tests are not designed for you to pass. Our firm is available day or night. Please contact our attorney if you have been pulled over for drunk driving