Behave when Arrested for DUI in Georgia

In Georgia, you can be arrested for a DUI even if your blood-alcohol content is below the commonly understood "legal limit" of 0.08. If you get pulled over under suspicion of driving under the influence, behaving properly can make all the difference in your case. If you are rude or belligerent to the officer who pulls you over, you make things harder on yourself and could wind up with a charge for resisting arrest on top of everything else. If you're arrested for DUI in Georgia, invoke your right to remain silent but otherwise remain polite and respectful, and contact an attorney as soon as possible.

Steps

Remaining Calm at the Scene

1. Have your documentation ready. The officer will ask for your driver's license, vehicle registration, and proof of insurance. Having these available and ready to hand over makes you look prepared and saves valuable time.
   • Gathering and ordering your paperwork can give you a moment to calm yourself. Rather than digging through your glove compartment in frustration, take it slow and consciously look at each document until you find what you're looking for.
   • Use the time it takes the officer to walk from the patrol car to your window to calm yourself. Take a few deep breaths and stretch or roll your shoulders.
   • However, it's not a good idea to eat or drink. The officer may think you're trying to interfere with a breath test or disguise the smell of alcohol on your breath.
2. Treat the officer with respect. No matter what, it's important to be polite to the officer. This goes for you and any passengers in your car as well. As much as you may be upset that you got pulled over, avoid making smart comments or taking an attitude with the officer.
   • When you speak to the officer, call them "officer" or use "sir" or "ma'am." Don't forget "please" and "thank you" where appropriate.
   • Even if you're refusing something, you can still do this politely. For example, you might say "I don't have any comment on that, ma'am" or "I'd prefer not to go into that, sir."
   • Look the officer in the eye when you are speaking to them, and speak in a loud, clear voice. It's possible that you're being recorded, so you want your words to be understood.
3. Comply with reasonable requests. You have the right to remain silent, and there are some requests that you can refuse as a matter of protecting your rights. However, the officer does have the right to ask you.
   • There are some things that you don't have the right to refuse. For example, if the officer asks you to get out of your car, you don't have the right to say "no."
   • Asking the officer why they're asking you to do something or getting testy about it is just delaying the inevitable. You also may give the officer reason to tack on a charge of resisting arrest.
   • You do have the right to ask why the officer pulled you over. However, once you have this information, it's generally a bad idea to disagree with the officer or try to argue with them about it. Just say "thank you" and let it go.
4. Avoid threatening or sudden movements. Generally, you should keep your hands where the officer can see them. If the officer believes that you are going for a weapon or trying to flee the scene, you could end up in a lot more trouble.
   • If you need to reach for something, such as paperwork in the glovebox, tell the officer what you're going to do and ask them for permission to do it.
   • If you do have a licensed firearm in your vehicle, let the officer know as soon as possible – while keeping both hands visible.
   • Based on this information, the officer may ask you to get out of the car. You don't have the right to refuse this request.
5. Keep your passengers under control. The officer is paying attention to your passengers as well as to you. When you get pulled over, urge your passengers to sit still, remain calm, and not say anything to the officer unless they are directly asked a question.
   • Actions from your passengers can reflect badly on you. If someone else in your car is acting unruly or appears extremely drunk, the officer has all the more reason to suspect you of drinking.
   • Make sure your passengers understand that they can't help you in this situation – they can only hurt your case. They need to let you handle things on your own.

Enforcing Your Rights

1. Refuse roadside sobriety tests. In Georgia, you have the right to refuse field sobriety tests – such as walking a straight line or standing on one foot – as well as roadside breath tests. You cannot be punished for refusing these tests, but you may get taken to the police station.
   • At the same time, you should tell the officer that you are willing to take a blood test. The officer must take you to the nearest hospital to get a test immediately.
   • At the hospital, you should request a test of the whole blood. This is the most accurate blood-alcohol content test you can get.
   • Field sobriety tests are subjective, and roadside breath tests can be unreliable. Either of these could put you in a situation of getting arrested for a DUI where you wouldn't have been arrested if you'd had a blood test.
2. Invoke your right to remain silent. Once you're arrested (and even before), you don't have to say a thing to the officer. Even what seems like casual, friendly conversation can end up with you saying something you later regret.
   • Officers know this, and they'll probably try to engage you in casual banter, such as talking about the weather or a recent game.
   • Even if it seems innocent, you probably are being recorded – especially if you are in the police car. If you don't say anything and don't engage in conversation, you can't possibly say anything that could hurt your defense later.
   • If you don't feel comfortable just sitting there silently, you can let the officer know what you're doing. For example, you might say "No disrespect, sir, but I'm invoking my right to remain silent until I have the opportunity to talk to my attorney." The officer will understand.
3. Consider recording the encounter. If you have a smart phone, you may want to make a video or audio recording of the stop. You're perfectly within your rights to do so, and it can prove beneficial to your defense later on.
   • It can be difficult to get a full copy of the police report and any video taken as a defendant in Georgia.
   • Some counties will give you these materials if you ask, but in others you have to wait for your attorney to make discovery requests before trial.
   • Recording the arrest gives you video of your own to work from. This can be helpful, considering that you may have difficulty remembering various details – especially if you ended up having to spend the night in jail.
4. Refuse warrantless searches. Even if you are arrested for a DUI, the officer does not have probable cause to search your vehicle based on that fact alone. However, officers often will ask if they can look in your car to see if you'll consent to the search.
   • The officer can look around to see if there is any evidence of a crime – such as empty beer bottles or an open liquor bottle – in plain sight.
   • However, they can't look in the trunk, glovebox, or anywhere else without your permission.
   • Typically, the officer is not going to get a warrant to search your car – even if they threaten to do so. They're just asking to see if you'll agree.
5. Plead "not guilty" at arraignment. Soon after you're arrested, you must appear at arraignment. A judge will read the charges against you and remind you of your constitutional rights. You must indicate that you understand, and then state how you plead.
   • Before your arraignment, use your phone call to connect with someone who is capable of making your bond and bailing you out of jail. You typically don't need an attorney at arraignment, because you're just going to plead "not guilty."
   • After you enter your plea, the judge will address bail and let you know when you're supposed to be in court next.
   • The prosecuting attorney may try to talk to you before your arraignment or offer you a plea deal. Don't take it.
   • You need time to evaluate the evidence against you and talk to an attorney about the strengths and weaknesses of the prosecution's case before you make that kind of decision.
6. Request an administrative license review hearing. In Georgia, you only have a few days after your arrest to request a license review hearing, or your license will be automatically suspended. This typically is one of the first deadlines you need to meet.
   • To request a hearing, you must send what's known as a "10-Day Letter" along with a $150 filing fee. The letter got its name because it must be sent within 10 days of the date you were arrested.
   • You will be granted a hearing in which you will be given an opportunity to fight to keep your license until your trial is held.
   • Keep in mind if you're convicted of a DUI, your license will be suspended. This hearing only addresses whether you can continue to drive while you're awaiting trial.

Hiring an Attorney

1. Ask friends or family for referrals. Friends and family can be the source of the strongest possibilities for you when you're looking for an attorney, because they have familiarity with you and your situation.
   • You also might ask attorneys you know for recommendations. Even if an attorney practices in another area of the law, they tend to know other attorneys and can be good resources.
   • At the same time, keep in mind that just because an attorney was great for a friend or family member doesn't mean they're going to be great for you.
   • Ideally, you want to find a DUI specialist who has practiced in the city or county where you were arrested for a number of years.
   • That attorney knows Georgia's DUI laws well and is familiar with the courts, judges, and prosecutors that will be working on your case.
2. Conduct an online search. The Georgia Bar Association's website is a good place to start your online search for an experienced criminal defense attorney in your area. From the state bar's website, you can find links to all the city and county bar associations.
   • Many city and county bar associations have attorney referral programs. After answering a few questions, the program will connect you with attorneys in your area who are licensed and in good standing.
   • Apart from the public defender program, city and county bar associations often have additional resources that can help you find free or reduced-cost legal assistance if you have limited income.
   • Both state and local bar associations also have searchable directories where you can look up attorneys' professional and disciplinary records.
3. Interview at least three attorneys. If you live in a relatively rural area, you may not have many options. However, in general it's a good idea to schedule initial consultations with several attorneys so you can compare them and find the best fit for you.
   • Most criminal defense attorneys will offer a free initial consultation, so interviewing several attorneys won't cost you anything but time.
   • However, you need to hire an attorney quickly so you can get your 10-Day Letter out, so don't put off scheduling these meetings.
   • Generally, if an attorney can't meet with you within a week of the day you call, they're probably too busy to devote appropriate attention to your case.
   • Make a list of questions to ask attorneys during the interviews. keep in mind that since the first consultation is free, it's often designed more as a sales pitch to get you to hire that attorney.
4. Sign a written retainer agreement. Before your chosen attorney starts working for you, make sure you've signed an agreement that details the work they will do for you and how much they'll be paid. Typically you'll have a meeting at the attorney's office to go over this agreement.
   • Expect the attorney to give you time to read the agreement and to explain each section in detail. If there's anything you don't understand, ask the attorney for clarification.
   • If there's anything you don't agree with, speak up. Even though it may not be presented this way, retainer agreements generally are negotiable.
   • When you're satisfied with the agreement, sign it and have the attorney make a copy for your records. Then you're ready to begin planning your defense.

References

See also

• Spot a Drunk Driver and Respond Appropriately
• Beat a DUI Charge in Illinois
• Hire a DUI Lawyer in California
• Deal With a DUI in Arizona
• Cross Examine a Police Officer in a DWI Trial (New York State)
• Go Through a DUI Checkpoint Without Being Tested
• Get Through a DUI Checkpoint
• Start a DUI School
• Report Physical Conditions That Interfere with a Field Sobriety Test
• Minimize DUI Costs

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