When the officer walks up to the car, the first thing they’re going to do is ask you questions.
But what should and shouldn’t you do next?
IF I’M STOPPED FOR A DUI, WHY SHOULDN’T I HAVE TO ANSWER ANY OTHER QUESTIONS?
Have your driver’s license and your insurance (if you have it) ready to go. But at that point, you don’t have to answer any other questions or do any exercises for the officer.
Most people wonder, “Won’t I get arrested if I don’t cooperate with the officer?”
The truth is you may get arrested whether you cooperate or not, but you don’t have a legal obligation to cooperate. If you do, you may incriminate yourself or accidentally give the officer more evidence against you.
So if he asks you to do a field sobriety test or something like it (just to “check and see” if you’re okay to drive), you can say “No, thank you, I’d rather not. Am I under arrest?”
IMPLIED CONTENT
However, Georgia is an implied consent state. Implied consent means a person has consented to a blood-alcohol test by driving on Georgia’s roads.
So you may refuse to take the test, but you may end up facing a suspended license.
HOW TO INTERACT WITH LAW ENFORCEMENT DURING A DUI STOP
When stopped for a DUI, how you interact with law enforcement can significantly impact the outcome of your encounter. Here are essential guidelines to follow:
- Remain Calm and Courteous: Stress and anxiety are natural reactions during a DUI stop, but maintaining a calm demeanor is crucial. Politeness can set a positive tone for the interaction. Remember, hostility or aggression can escalate the situation unnecessarily.
- Keep Your Hands Visible: Place your hands on the steering wheel where the officer can see them. This simple act can help put the officer at ease and avoid misunderstandings.
- Follow Instructions Carefully: Listen to the officer’s instructions and follow them without argument. If you need clarification, ask calmly and respectfully.
- Provide Required Documents: When asked, provide your driver’s license, vehicle registration, and proof of insurance. It’s a good idea to keep these documents easily accessible to avoid fumbling.
- Limit Your Communication: While it’s important to be polite, avoid unnecessary conversation. You are not obligated to answer questions that may incriminate you. Politely inform the officer that you choose to exercise your right to remain silent.
- Do Not Admit Guilt: Avoid making any statements that could be interpreted as admitting guilt. Statements like “I only had two beers” can be used against you later.
- Decline Field Sobriety Tests: You have the right to refuse field sobriety tests, which are subjective and can be unreliable. Politely decline participation in these tests.
- Request an Attorney: If you are arrested, clearly state that you want to speak to an attorney. This can protect your rights and ensure you have legal guidance through the process.
You only have 10 business days from the date of your arrest to contest the suspension of your license. Do not delay getting an experienced DUI lawyer to handle your case. Contact Frye Law Group as soon as possible to get working on your DUI case.