Your Rights When Stopped For DUI in Georgia

Posted by Robert Horlick in GA DUI Law, Your Rights When Stopped on 07. Dec, 2009 | 0 Comments

If your vehicle is stopped by a police officer in Georgia, it is because he or she suspects you of having violated the law.   This means that from the second you are stopped, and often before, you are under suspicion for criminal activity.

As the blue lights flash and you pull your vehicle off to the side of the road, remember, this is not a casual police-citizen encounter.  This is not just a friendly chat. The officer has pulled you over. He already has his or her suspicions, and may already have what he or she believes to be probable cause to ticket or arrest you for the violation they allegedly observed.   But they are always looking for more.

As a licensed driver in Georgia, you must know your rights and keep this in mind when speaking with the police.  Whether or not you have violated the law, the police are always looking for clues that you might have.  Be polite, and be respectful, but remember:

You are under no obligation to give them more fuel for the fire.  Especially in cases where a driver is suspected of Driving Under the Influence (DUI), the officer looks to the driver to make his or her job easier, to make admissions or establish probable cause for arrest (that he or she may not have independently observed) in a number of ways.

REMEMBER:

You have the right against self-incrimination.

You have the right to remain silent.

Anything you say or do can and will be used against you.

Even before your rights are read to you, it is your duty as a conscientious citizen and driver in the State of Georgia to be aware of them.

If you are suspected of Driving Under the Influence, it is crucial that you keep this advice in mind.  

It is the officer’s job to establish probable cause for arrest, NOT YOURS.

Though there are consequences for refusing certain tests (discussed more thoroughly here), there may also be consequences for performing them.  It is your choice to make, and your choice should be an informed one.

If you have any questions about this, or your case specifically, please contact Horlick Law Firm immediately for a free case evaluation and consultation.

Georgia DUI Resources & Facts

Posted by Robert Horlick in Georgia DUI Facts, Resources on 06. Dec, 2009 | 0 Comments

Georgia State CapitolHopefully this website has provided you some clear information and understanding of the laws regarding Driving Under the Influence and the penalties for violating these laws, as they relate to you, your license, and your livelihood.  Because a website is no substitute, and should never be, for the informed advice of an attorney, if you have any questions at all about your case, please contact Horlick Law Firm immediately to discuss it with a skilled attorney.

If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.

Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record.  While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.