It's Friday night. You want to celebrate the end of the week with a few drinks after work. One drink turns into two. Two turns into four. A few hours later, you hop in the car and head home. Five minutes from your doorstep, you see them in your rear view window. The dreaded blue lights. What do you do?
1. Don't panic. Pull over to the side of the road.
That one's pretty self explanatory. Certainly do not start a high speed chase with the cops. Those never end well. Trust me.
2. When the officer approaches, hand him your license, registration, and proof of insurance. Don't say anything.
Here's where it can get a little tricky. The cop is looking for a reason to further detain you or to search your car. Trying to see if you got alcohol on your breath, or if the car smells like "burnt marijuna." If he asks, "You know why I pulled you over?", say no, and hand over your documents. Look straight ahead. Don't engage in conversation. You don't have to talk to him. But be respectful. If he asks where you've been or where you're headed, simply say I'd prefer not to answer any questions. Again, you don't have to talk. Anything you say will only hurt your situation.
3. If asked, do not blow into a breathalyzer machine.
Especially if you're to' up from the flo' up. (That means really, really drunk) All you're going to do by blowing is building the case against yourself. However, under Georgia's implied consent law, refusal to submit to a breath test will be suspended for a minimum period of one year. You must request a hearing within 10 business days or you will automatically lose your driving privileges for one year. If you want to keep driving legally, it is of the utmost importance that you contact an Atlanta DUI lawyer immediately.
4. When asked to perform a field sobriety test, politely say, "No."
If you followed tip #3 from above, Officer Friendly will ask you to perform field sobriety tests. Politely refuse. Your actions are being recorded, and a video recording of you struggling to perform a field sobriety test will only complicate matters down the road. The cop is looking for a reason to arrest you for drunk driving. Don't give him one.
5. If asked if you've been drinking or how many drink you've had, politely say that you don't want to answer any questions.
This ties back into Tip #2. Georgia courts don't consider roadside conversations with police officers as an "interrogation", so your Miranda rights don't apply (You know, like on Law and Order. You have to the right to remain silent, anything you say can and will be held against you in a court of law...) Which brings me to this important point. Anything you say at this is considered an "admission" and will be used against you when charges are brought. So telling the officer, "I only had a couple of beers" will only help establish probable cause, and further help prove that you were driving under the influence. So be on the safe side, and don't say anything. It could be the difference between a conviction, and keeping your record clean.
Atlanta criminal defense lawyer Todd E. Barbee defends people charged with felonies, misdemeanors, traffic and DUI charges in Atlanta, Decatur, Stockbridge, Conyers, and Fayettevile, GA. Atlanta criminal defense lawyer Todd E. Barbee also defends people charged with crimes in Fulton, DeKalb, Clayton, Fayette, and Henry Counties. We are available day or night, weekdays or weekends. Call The Barbee Law Firm for a free consultation (404) 855-3838.
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