If you were one of the unlucky few who has been arrested for DUI, you are probably very nervous about what the future holds - and rightfully so. The good news is that knowledge is power, and the more you understand about the mechanics of a DUI arrest, the better your chances of fighting it.
The beginning of a DUI arrest starts with the traffic stop. Law enforcement has to have "probable cause" to pull your vehicle over. They cannot park outside of a bar and sit back and wait until closing time. They must first observe either a traffic infraction, weaving in and out of lanes or receive a tip from another driver before they can pull you over on suspicion for DUI.
Once they have pulled you over, they will ask for your license and registration. If the police officer smells alcohol on your breath or if they observe obvious signs of intoxication, they will ask you if you had anything to drink. You can politely decline to answer these questions. It might be a better idea to tell them that you want to talk to your attorney before answering any questions.
Depending on your answer, and their own personal opinion, they will ask you to step outside the vehicle to perform a series of field sobriety tests. These tests are merely subjective in nature and are used by law enforcement to give them probable cause to arrest you for DUI.
The one very important thing to keep in mind is that you do not have to perform any of these tests. You are under no obligation by law to submit to a field sobriety test and there are no penalties for refusal. You do, however, want to decline politely. The last thing you want to do is further anger a police officer who is already presuming that you are driving under the influence. Furthermore, rude or offensive behavior on your part will only hurt your case - it won't serve to defend it.
After an officer asks you to perform a field sobriety test (and you decline), he or she will typically ask you to submit to a breath test. Under the "implied consent" law, you are expected to submit to a chemical test. A chemical test can consist of a breath, blood or urine test, however, the most widely used form of chemical test is the breath test, with the blood test following in second. If you refuse to submit to a chemical test, keep in mind that it will result in an automatic one-year driver's license suspension.
What is the legal limit in Georgia? If you are over 21, it is unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or greater. For drivers under 21, the limit goes down to 0.02%. For commercial truck drivers, the threshold is set at 0.04%.
A first time DUI conviction can result in anywhere from 24 hours to 12 months in jail, fines ranging from $300 to $1,000, a minimum of 40 hours community service, DUI school, mandatory alcohol evaluation and/or treatment, 12 months license suspension and up to 12 months probation.
Most DUIs are prosecuted as misdemeanors, however, multiple DUI offenses and DUIs involving property damage, bodily injury or death can be prosecuted as a felony offense. If you have been arrested for DUI, you should contact an experienced criminal defense attorney who can properly defend your rights in the charges against you. As DUIs are criminal in nature, you can't afford to leave your future and your freedom in the hands of law enforcement. A lawyer will know exactly what defenses might apply to your case in order to give you the best chances of a positive outcome.
The Law Offices of Conaway & Strickler, P.C. is a criminal defense firm that proudly serves the residents of Atlanta and the surrounding areas. Their firm is devoted to handling criminal defense and DUI only. No matter whether you were arrested for DUI, a theft crime, juvenile crime, drug crime or violent crime, you can rest easy knowing that your case will be handled with aggressive representation. You are urged to contact an Atlanta criminal defense lawyer from their firm at (888) 654-7511 today!
For more information visit the firm's website at http://www.criminaldefensepros.com/.
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