Atlanta DUI Defense Lawyers

What To Do If Stopped By the Police in Georgia

If you are ever stopped by the police in Georgia, for any reason, you should always be cooperative and courteous. The police officer must inform you of the reason for the stop and they will be looking at you and watching your movements. If you turn your interior light on after being stopped and do not make any sudden or awkward movements the police officer can clearly see what you are doing. The officer must tell you the reason for the stop and it must be a traffic violation that breaks Georgia law.

Pulling a person over solely on the basis of suspecting a DUI is illegal in Georgia if no traffic laws have been broken. Swerving within the lines of a road is legal, for example, and may have been caused by several different factors that are overlooked by police. If you have made a traffic violation the police officer should tell you why they stopped you and ask for your license and any registration and proof of insurance. If the police suspect you of drinking and driving they will typically ask if you have been drinking.

You don't have to answer them and you can ask to be questioned with an Atlanta drunk driving defense lawyer present at this point but in Georgia you do not have the right to a lawyer until testing is done. If you do answer them, or tell them you haven't had anything to drink, and they still suspect you of drinking and driving they will ask you to perform a field sobriety test. This test consists of three different parts including the horizontal gaze nystagmus test (following a pencil with your eyes), the one leg stand, and the walk and turn test. The officer must perform each test by the book and must not incorrectly give tests under certain circumstances.

One of the most common reasons for Georgia DUI cases getting thrown out of court is because an officer did not perform the tests in the correct manner. Physical conditions in the area where the testing is being done can impact the manner of testing, for example. Conditions such as weather, level of light in the area, nearness to traffic or road hazards, and restrictive clothing are all common reasons why testing results have been legally allowed to be drawn into question.

Many people can legally, and politely, refuse to take the field sobriety tests completely. They can also refuse blood or breath tests as well. If they do agree to take them they can be taken at an independent medical facility of the person's choice. This means that the police would have to bring you to a hospital where you would then undergo your testing under medically supervised conditions. If you refuse to take the test or if your blood alcohol is found to be over 0.10% you have ten days to contest the incident and get your license back.

In all cases of Georgia DUI it is usually effective to hire experienced Georgia DUI defense lawyers to help you in your case. The Law Firm of Conaway, Strickler, & Margolis, P.C. has particular experience in Georgia's complicated DUI laws and can start helping you immediately. Contact us in our Atlanta office for any DUI related question around the state.