February 26, 2024


Law for politics

What Are My Rights for DUI in Atlanta?

What Are My Rights at a DUI Checkpoint in Georgia?

When it comes to DUI arrests, it’s important to know your rights. Everyone should know this, including law-abiding citizens who believe it is a situation they will never be in. 

Being suspected of DUI is unique from other criminal situations. For example, when the authorities pull you over for suspected DUI, they may request you undergo field sobriety testing or blood alcohol tests. If you do not know your rights, you may harm your defense by doing something wrong or making a mistake during the arrest process. 

If you are arrested for DUI, it is recommended that you contact a reputable and experienced Atlanta DUI attorney for assistance. Keep reading to learn more about your rights when arrested for a DUI in Georgia here. 

You Do not Have to Talk to the Police. 

When talking to the police, it is important to remember they are asking questions and may even speak to you in a conversational manner to “put you at ease.” This is a tactic they are trained to use to get you to admit to a crime or say something incriminating. 

You have the right to remain silent; in these situations, it is wise to exercise it. 

Anything you say, even if it seems innocent, can be used against you. You may accidentally say something that winds up convicting you of DUI. 

Today, many police vehicles and police officers themselves have video recording equipment present. This means that what you do and say will be recorded from when they start interacting with you until they book you in jail. 

Because of the possibility that you may incriminate yourself, the best option is to remain silent and talk to a criminal attorney first. 

Refusal of a Chemical Blood Alcohol Test 

Georgia uses implied consent laws. According to these, when you receive your state-issued driver’s license, you essentially consent to a chemical blood test when requested by the authorities. 

If you refuse this test when pulled over or arrested, it can result in an administrative license suspension. This is true even if you are not under the influence of drugs or alcohol when you refuse the test. 

This is an acceptable consequence for some if they believe their BAC (blood alcohol concentration) is higher than legally allowed. By refusing, you reduce the evidence that can be used against you. It is important to consider this right and the potential consequences of either refusing or agreeing to the test. 

Refusal of a Field Sobriety Test 

Field sobriety tests and chemical tests are different. Examples of field sobriety tests include walking in a straight line, verbal tests, and standing on one leg. These tests are not scientific and may not impact your DUI defense significantly. Sometimes, the police will request that you engage in certain activities when arrested for DUI in Atlanta. 

Don’t Wait to Hire an Experienced Atlanta DUI Attorney

Have you been arrested for DUI in Atlanta? If so, it is essential to know your rights and hire an experienced and reputable criminal defense attorney for assistance. 

Even in situations where you know you are innocent, you can not rely on this to protect you from the severe consequences of a DUI conviction. With the help of an attorney, you will have the best possible defense for your situation and can feel confident that the best possible outcome will be achieved.