People in GA who are stopped by an officer & asked questions about drinking or using drugs create most of their legal problems by not knowing their legal rights. The RIGHT to remain silent is key. In Georgia, a refusal to take the OFFICIAL breath or blood test can lead to a forcible blood draw.
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Prepare Yourself and Your Vehicle Before Going Out
1. Check & repair obvious problems with your vehicle before going out.
2. Obey every traffic law and make sure your lights are on, especially if a valet parked your car.
3. Chew gum or use breath mints to diminish the odor alcohol on your breath.
4. Have all your documents ready to display if pulled over.
5. If stopped, remain silent. Don't discuss alcohol & do not ADMIT drinking. If asked to step out of the car, ask to speak with an attorney immediately. Do no roadside tests, including any hand-held, battery-powered breath analyzers.
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After Being Arrested, Important Legal Rights Remain to be Asserted - Get Your Independent Tests (Yes, TESTS)
6. Be polite & turn over your required documents.
7. Do not participate in voluntary "field exercises" whatsoever. Politely decline until your attorney is present.
8. Submit to OFFICIAL breath tests (some officers ask for blood or urine or all three types), but continue to request the assistance of an attorney.
9. Once you take the officer's requested test(s), request an independent blood test for use by your attorney at a hospital nearby, but not necessarily in the county where you were arrested. Do not share part of the blood sample with police -- it is YOUR independent test.
10. After getting blood drawn (pay for it, if required), then ask to be taken to another police station (different from where you took the breath test) and get an independent breath test for your use by your attorney. Pay for this, too, if required.
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Call Your Attorney - We Are Staffed and Open 24/7 - Protect Your Rights after During and After Arrest
11. Get in touch with your attorney ASAP.
12. Write down all details of the night, the pullover, the arrest ASAP. Details win cases.
13. Our office is open 24/7, and staffed by our trained employees. 404-250-1113 or 877-384-4367, or see our on-line e-mail box at the link below.
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Write out the Details of your Day and Your Arrest ASAP
14. The sooner you write down PRECISELY what was done, when it was done, how long you waited, what the officer said upon approaching you, what you said in response, what was the next thing to happen (CHRONOLOGICALLY) between you and the officer(s), when were you cuffed, what was read to you, and WHEN was it read to you --- ALL THE DETAILS --- the better off you wil be. Details win cases, so GET BUSY.
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Don't Delay Seeing Georgia's Top DUI Attorneys, because Evidence Can Disappear
15. Once we are retained, we start our investigation of all aspects of your case. Some types of video footage that may have been captured the night of your arrest MAY disappear. We need to act to preserve this by way of an open records request or subpoena. ALso, road conditions change. For example, and construction cones, barricades, lights, signs, etc., may be removed if not captured on video immediately. We have full time investigators to obtain these items, and be prepared to testify on your behalf in court.
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