What to Do When You Are Stopped for a DUI
If you are pulled over by a traffic officer for suspicion of drunk driving:
Stop Your Vehicle ASAP
Don’t try to speed off and elude officers. This can result in additional criminal charges being filed against you later.
Be Polite and Hand Over the Necessary Documents
Being rude, abrasive or surly will not help you during a DUI stop. It may even be used against you later to try to establish impairment. So, try to remain polite and responsive. And, have your driver’s license, proof of insurance and registration paperwork ready to hand over to the officer to promptly move things along.
Never Admit to Consuming Alcohol and be Careful about What Else You Say
Admitting to having had alcohol before driving will give the officer more potential evidence against you. So, don’t offer up this information. Similarly, be cautious about any other information or answers you provide. If you may have trouble speaking for any reason, invoking your right to remain silent can be wise (as, again, it can prevent an officer from trying to allege that you were slurring, etc.).
Know You Have the Right to Refuse Field Sobriety Testing
And you will not be automatically penalized for invoking this right. So, if you may not pass field sobriety tests for whatever reason, do not take them. Again, the point here is to not offer up more possible evidence impairment that can be used against you later.
Know that BAC Test Refusals will Result in Automatic Penalties
Unlike refusals for field sobriety tests, refusals for BAC tests will result in an automatic driver’s license suspension (because these refusals constitute a violation of Georgia’s implied consent law). So, be aware that, if you do not agree to take a breath or blood test in a DUI stop, there will be automatic penalties to deal with even if your DUI charges are later dropped (or you are acquitted of the charges).
What to Do When a DUI Arrest Happens
If a DUI stop ends in a DUI arrest:
Do NOT Resist the Arrest
This will always work against you and could even cause you to face additional criminal charges and penalties.
Invoke Your Right to Remain Silent
Following an arrest, there is little you can say to police officers to get them to release you or drop the charges. So, be very careful about what you do say and strongly consider invoking your right to remain silent.
Ask for an Attorney ASAP
This is the one thing you can say following a DUI arrest that can get you immediate help protecting your rights.