By Pierce Blitch
Facing a DUI Investigation: What You Need to Know
No one plans to be investigated for DUI, yet it can happen for many reasons. If you find yourself in this situation, your actions can have long-lasting effects on your freedom and criminal record. Making the right choices at these critical moments is crucial. Speaking with a DUI lawyer would be ideal, but in Georgia and much of the U.S., that won’t happen unless the officer allows it. Essentially, the person investigating you decides whether you can have legal assistance.
Key Decisions During a DUI Stop
Should You Answer the Officer’s Questions?
Part of the officer’s investigation includes noting how well you answer questions and your manner of speaking. If you speak slowly, you might be accused of being impaired. Speak softly, and you could be said to be mumbling. If you have a speech impediment, it might be mistaken for lisping. Disagree with the officer, and you might be seen as combative. If the officer smells an odor on your breath—be it an alcoholic beverage, marijuana, or a masking agent like breath mints—that could be used against you. Answering questions about alcohol or medication consumption can also lead to a DUI charge.
Remaining silent likely won’t prevent an arrest and charge, but it could make the officer’s job harder in proving the case at trial.
Should You Submit to Field Sobriety Tests?
The answer is almost always a hard NO. Many people have physical or medical conditions that make it difficult or impossible to complete these tests successfully. Even if you believe the tests are passable, an officer’s suspicion of impairment could override that.
Should You Take a Roadside Hand-Held Alcohol Test?
This test is voluntary. Unless you have no alcohol in your system, you should refuse it. The numerical result is inadmissible in Georgia courts, so if you blow a 0.01 or a .18, the officer will still say the test was “positive” for alcohol. Without legal assistance, knowing the right choice on the roadside is challenging.
Should You Submit to the State Breath, Blood, or Urine Test?
Factors like your history, license class, age, accident involvement, and state of licensure can influence this decision. On the roadside, you won’t know how these factors affect your decision. The court allows you to consult a lawyer only after arrest and booking.
Should You Request an Independent Test?
If you take the state test, always ask for an independent blood test. However, on the roadside, you might not know this or understand how it affects your decision regarding the state test.
What to Do if Stopped for DUI Suspicion
· Say as little as possible.
· Ask to call an attorney. The officer might say no, but it signals your desire for representation and right to remain silent.
· Have your driver’s license, insurance documentation and registration accessible and ready.
· Be polite and cooperative but refuse field sobriety tests and handheld breath testing.
· Refuse the state blood, breath or urine test if you had a DUI in the past five years.
· Refuse the state blood, breath or urine test if you are under 21 or have a commercial driver’s license.
· Refuse the Georgia state blood, breath or urine test if your license is from another state.
· Refuse the state blood, breath or urine test if involved in a wreck with serious injuries or fatalities.
· Refuse a state blood, breath or urine test if you have illegal or scheduled prescription drugs in your system.
· Call a qualified DUI lawyer as soon as possible after your arrest, booking, and release.
The Blitch Law Firm is ready to assist those facing DUI and other serious criminal and traffic offenses.
Facing a DUI charge can be overwhelming, but knowing your rights and the best actions to take can make a significant difference in the outcome. Always remember to stay calm, be polite, and seek legal help as soon as possible.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR CASE
We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients with the best possible criminal defense available. Nearly all the attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.
DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.