What Are My Rights if Arrested for DUI in Georgia?

Everyone — even law-abiding citizens — should understand their basic rights during an arrest. A Georgia DUI arrest in particular poses specialized situations, such as blood alcohol and field sobriety testing. Individuals who do not know their options run a significant risk of harming their defense if they do not know how to properly handle themselves while dealing with the police during a DUI stop.

Your rights during a drunken-driving arrest in Georgia

  • The right to remain silent: Even the most innocent statement you make to a law enforcement official during an Atlanta DUI arrest is virtually guaranteed to be used against you in court. Do not assume you know the difference between an innocent statement and a statement that may guarantee your conviction. Many, but not all police vehicles now are equipped with video and audio recording equipment. It is possible that your actions and statements may be recorded all the way to the jail. Exercise your right to remain silent if you do not have an attorney at your side.
  • The right to refuse a chemical blood alcohol test: Georgia has implied consent laws, which essentially mean that you consented to a chemical blood test by virtue of driving on the highways in Georgia. As such, your license or privilege to drive in Georgia is administratively 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. You need to make this determination.
  • The right to refuse a field sobriety test: Not to be confused with chemical tests, the police may ask you to perform such activities during a drunken-driving arrest in Atlanta as walking a straight line, standing on one leg, or various verbal tests. These tests are generally considered unscientific in nature and may not hurt your Georgia DUI defense.

You need an experienced Georgia 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.