What to Do After a DUI Arrest in Georgia: Your Legal Rights and First Steps
Being arrested for a DUI in Georgia can be a frightening and stressful experience. A DUI arrest doesn’t just carry the possibility of jail time, it can threaten your driver’s license, employment, insurance rates, and future opportunities. Knowing what to do in the immediate aftermath of an arrest can make a significant difference in the outcome of your case.
Know your rights at the scene
If you’re pulled over and the officer thinks you’ve been drinking, it’s not the time to explain yourself. You might feel the urge to talk. You want to seem cooperative or to clear up a misunderstanding. But it’s almost always a mistake. The more you say, the more they have to work with. You’re only required to give the police your license, registration, and proof of insurance. That’s it.
You don’t have to answer questions like, “How much have you had to drink?” or “Where were you coming from?” You’re allowed to say, “I don’t want to answer any questions without a lawyer.” That’s not rude or suspicious. That’s smart.
They might ask you to step out of the car and do some tests. For example, walking in a straight line, standing on one foot, and following a pen with your eyes. These tests are voluntary even though it won’t feel like that in the moment. You can refuse to take field sobriety tests. You have to take the breathalyzer test, but you don’t have to take field sobriety tests. A lot of folks fail field sobriety tests while completely sober. It doesn’t take much.
If things move forward, a good DUI attorney will go back and look at everything: how the stop was handled, what was said, whether the officer followed the rules, and whether the tests were fair. That’s their job. Yours is to protect yourself in the moment.
Understanding Georgia’s implied consent law
Georgia has an implied consent law, meaning any driver arrested for DUI must submit to chemical testing. This usually implies a breath or blood test. Refusing these tests can lead to an automatic driver’s license suspension separate from your criminal case. In Georgia, a first refusal can result in a one-year suspension, even if you’re ultimately not convicted of DUI. Skilled legal representation can sometimes help mitigate these administrative penalties or challenge their enforcement.
Even if you take the test, results can be challenged. Breathalyzer machines and blood draws must be conducted according to strict procedures. Issues like improper calibration, faulty equipment, or mishandled samples can affect the validity of your test results. This could lead to reduced charges or a dismissal.
Talk to a Smyrna, Georgia, DUI Attorney Today
Andrew L. Schwartz, P.C., represents the interests of Smyrna residents who have been charged with DUI. Call our Cobb County DUI defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
