When police stop anyone on suspicion of committing a crime, one of their primary goals is to make every attempt to gather evidence in support of an arrest. While they have this right, accused individuals also have certain legal rights to avoid incriminating themselves.
What police can do during a DUI stop
- Ask questions: Naturally, the police have the right to ask questions during an Atlanta DUI stop. They even have the right to expect to receive a respectful response to their questions. But, even seemingly innocent answers can help the police to find further evidence, so think twice before communicating freely with the police until you have a skilled DUI attorney at your side.
- Search your vehicle: If the police have probable cause and, in most cases, a warrant, they can search your vehicle. If you provide permission for a search, they no longer need probable cause or a warrant. It is best to deny permission — there is no telling what items may support their case.
- Request chemical blood alcohol testing: Georgia is an implied consent state, which essentially means that you consent to a chemical blood test by virtue of driving on the highways in Georgia. As such, your license is automatically suspended if you refuse to take the test, even if you are not under the influence of alcohol or drugs when you refuse. Still, this might be an acceptable consequence, particularly if you suspect your blood alcohol concentration is likely to be high because it reduces the amount of detailed evidence against you. It is up to you to decide whether you submit to a chemical blood alcohol test at a DUI stop.
You need an experienced DUI attorney in Atlanta
If you face Georgia DUI charges, you need an experienced local DUI attorney who knows how to fight these cases. Whether you know you are innocent, or even if you feel you cannot avoid conviction, contact Chestney & Sullivan today at 404-816-8777 for the experienced support you need for your case. An experienced DUI trial lawyer with our firm is available 24 hours a day, 7 days a week to discuss your case.