Top 5 Mistakes to Avoid If Arrested for DUI in Atlanta GA

Top 5 Mistakes to Avoid If Arrested for DUI in Atlanta GA

Posted By : Atlanta DUI Lawyer Posted On : October 31, 2023

Top 5 Mistakes to Avoid If Arrested for DUI in Atlanta GA

Georgia DUI convictions can cost thousands in fines and fees, counseling sessions, installation of an Ignition Interlock Device and possible jail time; as such it’s crucial to retain an experienced DUI defense attorney for assistance.

Police officers can make mistakes that can have a serious effect on your case, and your DUI lawyer is uniquely equipped to use their legal knowledge, forensic experience and courtroom experience to defend you against these mistakes.

1. Take the Charges Lightly

An arrest for DUI in Georgia can result in severe penalties, from jail time and fines to license suspension and probation – not to mention lasting effects on both job performance and career prospects. Therefore, it is vitally important that you take any charges seriously and hire an experienced Atlanta DUI lawyer as soon as possible to help fight them effectively.

When stopping someone for DUI, an officer will look for signs of alcohol intoxication such as slurred speech, difficulty following directions and difficulty maintaining balance. They’ll also evaluate your breath sample, examine bodily movements and administer field sobriety tests.

Be mindful that alcohol alone will not impair your driving ability; trace amounts of other drugs (like marijuana ) can also impair driving ability, while having medical conditions like diabetes may also alter how safely you drive.

DUI charges in Georgia can either be treated as misdemeanor or felony offenses, depending on your prior criminal history and level of intoxication. It may be more challenging for those charged with a felony DUI to reduce or drop their charges altogether. Therefore, it is imperative that you consult with an experienced Georgia DUI attorney immediately regarding your case. Experienced Atlanta DUI lawyers understand the state’s DUI laws as well as being familiar with judges hearing your case; this allows them to challenge prosecution’s evidence effectively and build a solid DUI defense on your behalf. In addition, they can obtain your driving history and criminal history records – invaluable assets when building such defense strategies.

2. Plead Guilty

However, unlike other traffic violations, DUI convictions carry more severe legal ramifications that will last a lifetime. Just one DUI offense can increase insurance premiums, hinder job eligibility, harm credit ratings and result in license suspension or revocation. When facing DUI charges it can be tempting to simply plead guilty in order to end their case quickly while mitigating penalties incurred.

Pleading guilty may not always be in your best interests. When you admit guilt, you lose the ability to defend against charges in court; an experienced DUI lawyer could challenge evidence and possibly get your case dismissed.

If you are charged with DUI, it is vital to remain silent in front of law enforcement officials until your attorney is present. Any statement you give could be used against you in court and give them cause to arrest and request blood or breath tests from you.

If you are arrested for DUI while your case is pending, this can create serious complications with your bond. Your probation officer may require that you wear a transdermal ankle monitor or submit to random drug testing until your case has been decided upon.

If you have been arrested for DUI in Atlanta, it is imperative that you contact an experienced Atlanta DUI lawyer immediately. Your attorney will help explain the charges and penalties you may be subject to should conviction occur; furthermore they can build a strong defense strategy to combat those allegations or negotiate with prosecutors to potentially have your case dropped altogether.

3. Wait Too Long to Hire a Lawyer

If you have been arrested in Georgia for DUI, your lawyer must immediately review your case, investigate what led up to the stop and arrest, and start building a strong defense strategy as soon as possible. Doing this quickly gives your lawyer the best possible chance at an advantageous result.

Once an officer suspects someone of DUI, they will investigate and assess for signs of impairment – such as slurred speech and difficulty following directions – before administering field sobriety tests to assess your level of intoxication.

Always notify the officer that you do not wish to participate in any voluntary field sobriety tests and politely decline blowing into the breathalyzer. Your DUI lawyer can then investigate its accuracy, and if necessary have its evidence excluded from your case.

Resisting arrest is illegal and will only compromise your case further. When being booked at a station, other detainees could witness your belligerence – these witnesses can later testify against you in court and aid prosecution’s case against you.

If the police ask to videotape you at the station, politely decline and remain silent. Within 30 days of being arrested you must hire a DUI attorney in order to appeal the administrative license suspension or else your driver’s license will be suspended by law enforcement. Although they may present evidence supporting their claims of guilt against you for DUI, your lawyer can find legal loopholes or flaws in their evidence that can help defend you in court.

4. Refuse to Take a Breath Test

If you’re pulled over on suspicion of DUI, police will ask that you submit to a breath test at the station. Under Georgia’s Implied Consent Law, this test is mandatory but you may opt out by telling an officer in advance. Failure to comply will likely result in license suspension – if that occurs you can file an appeal request with DDS in an effort to keep driving legally.

However, when it comes to roadside sobriety evaluations conducted by police officers – including repeating letters of the alphabet or walking in a straight line or performing one leg stands – it is best to remain silent and NOT participate. Officers gather the most damaging information during DUI investigations from what you say during such evaluations – which is why at a traffic stop only provide your name and address information to them.

If the officer asks you to use a pre-arrest handheld breathalyzer device on the roadway, refuse this too and any subsequent breath tests taken after your arrest should also be refused.

Law requires that an officer provide you with Georgia’s implied consent notice before asking you to take a test; otherwise, your results or refusal could be inadmissible in court proceedings.

When charged with DUI in Atlanta, it is crucial that you seek advice from an experienced Atlanta DUI attorney quickly. A first time conviction may result in thousands of dollars in fines and fees as well as alcohol education classes, counseling sessions, Ignition Interlock Device requirements, community service hours and increased motor vehicle insurance premiums.

5. Refuse to Take a Blood Test

When arrested for DUI in Georgia, officers will typically ask whether you would like to submit to a breath, urine or blood test as evidence that your blood alcohol concentration (BAC) exceeds legal limits and could possibly help convict you – however it may not always be wise decision.

No matter your choice, it is wise to remain quiet when speaking to police. According to law, only your name and address need be provided; any further discussion should only take place upon being asked by them. In one case involving Collier who refused a urine sample test administered by law enforcement agents using restraint straps around his shoulders arms legs feet before forcibly taking urine sample from him by force; ultimately this right to refuse was upheld by the Supreme Court.

Blood tests provide stronger evidence of intoxication than breath or urine tests because they show your BAC at the time of arrest. If these results exceed legal limits, it will be difficult for anyone defending them to argue that your performance on field sobriety tests or driving behavior don’t point towards drinking during that offense.

If you cannot decline to take the test, your attorney can try to have the results excluded by showing that police did not adhere to stringent guidelines governing DUI arrests and testing procedures. This may be your only chance at having blood test evidence dismissed from your case.

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