If you are stopped after having a couple of drinks, you need to be very careful in what you say and do in order to protect your rights. I have compiled some general tips that should apply in most situations where you are stopped in Georgia after having one or two alcoholic drinks.
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one through six - pre arrest
1. Have your driver’s license and insurance ready to give to the officer. Speak to the officer respectfully. Assume you are being video recorded. 2. Be aware of your speech and your movements. Assume you are being audio recorded. 3. Do not blow into the portable breath testing (PBT) device at your car. 4. Do not answer any questions about where you’ve been or how much you have had to drink. Politely refuse to answer. 5. Do not perform any physical field sobriety tests outside your car. This includes an eye test. It is your right to refuse them. They are designed for failure and give the officer legal justification to arrest you if you are suspected of DUI. 6. Remember, everything you say will be used against you. Miranda does not need to be read.
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seven through none - post arrest
7. If you are arrested for DUI you have an absolute right to refuse the breath test at the jail. You may lose your license if you refuse to take the breath or blood test requested by the officer. If you choose to take the test, demand an independent blood test by a hospital of your own choosing and at your expense. 8. At the jail note the name(s) of the jail staff you interact with. 9. As soon as you get out of jail, call our law firm, W. Scott Smith, PC.
