Getting Pulled Over for DUI During the Holidays in Smyrna, Georgia
Holiday DUI stops are often made under pressure. Decisions have to be made quickly during periods of high volume. In some cases, mistakes occur. A traffic stop has to be both constitutional and legal. Procedures have to be followed when giving field sobriety tests. Equipment, such as breathalyzer machines, needs to be calibrated and maintained. If these procedures were not followed or your rights were somehow infringed upon, the evidence used to prosecute you can be questioned. Many DUI prosecutions involve technical issues that would not be apparent to someone without legal training.
What happens during a holiday DUI stop?
When you are pulled over by an officer on suspicion of DUI, you may quickly find yourself in a volatile position. You may be asked what you are doing out so late and if you have been drinking. You may also be asked to participate in a series of roadside tests. What many people don’t know is that you can refuse to take a roadside field sobriety test without consequence. The officer may also ask you to take a breath test. This is not optional. Georgia has an implied consent law that requires drivers to submit to chemical tests regardless of any other factor. If you refuse, your license will be immediately suspended.
Consequences of a holiday DUI arrest
Being arrested for DUI can ruin not only your holiday celebration, but many other aspects of your life as well. If convicted, you’ll face stiff penalties such as fines, jail time, and license suspension. In addition, you’ll have a criminal record. Your driver’s license is likely to be suspended, which will prevent you from traveling to and from work. Your insurance costs will likely go up, and your employer might become aware of the DUI charge. In addition, the holiday season is largely regarded as one of the most stressful times of the year, which is why arrests for DUI go up during this period.
Common issues in Georgia DUI cases
Holiday DUI stops also tend to occur under duress, with officers making split-second decisions during higher volumes of enforcement. Sometimes, errors can occur. A traffic stop has to have an objective legal justification. You can’t get pulled over for “no reason.” Field sobriety tests also have to be done correctly. Equipment used to give blood and breath tests has to be calibrated properly. When procedures haven’t been followed and when constitutional rights have been violated, evidence introduced in court could be subject to challenges. A great many DUI cases involve technical evidence that doesn’t prove anything without the proper tools.
Why hiring a Smyrna, GA, DUI attorney matters
A local DUI lawyer is aware of holiday arrest procedures that take place in Smyrna. Your lawyer can scrutinize your arrest and ensure the proper procedures were followed. This includes procedures for field sobriety tests, breathalyzer tests, and more. Your lawyer will also assist you in taking care of your administrative license suspension, which proceeds quite quickly. You will need immediate consultation with a qualified attorney to safeguard your driver’s license.
Talk to a Smyrna, GA, DUI Defense Lawyer Today
Andrew L. Schwartz, P.C., represents the interests of Cobb County residents who are facing DUI charges. Call our Cobb County DUI defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
