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Telephone: (770)422-8840 399 Washington Ave

Fax: (770)425-1504 Marietta, GA 30060

DUIs In Georgia: What You


SHOULD And SHOULD
NOT Do If You Get Stopped!
If you get stopped for a DUI in Georgia and have had something to
drink or are under the influence of any drugs, including prescription
medications, there are things you should do and things you should not
do to protect yourself legally.

What you SHOULD do if you are pulled over


under suspicion of a DUI in Georgia:
1. Pay attention to the circumstances surrounding your detention
so that you can tell them to your lawyer. Police officers must follow
specific rules and guidelines when pulling a person over and your
lawyer will determine if all necessary requirements were met.

2. Be respectful and polite to officers and answer questions pertaining


to your identity and address ONLY.

3. Provide your driver’s license and proof of insurance. If your


driver’s license is suspended, neither confirm nor deny this fact to the
officer. In terms of insurance, you either have it or you don’t. If you
cannot find the card, don’t be concerned; simply provide a copy of it
to your attorney.

4. Tell the officer that you will be glad to answers any questions or
take any roadside tests as long as you have an attorney present.
5. Invoke your right to a lawyer and request that you be allowed to
call attorney Scott M. Patterson at (770) 422-8840.

6. If you are not allowed to call your lawyer at this time refuse to take
any field sobriety tests or breath tests. By refusing all requested tests,
BE ADVISED THAT YOU will most likely be placed
under arrest and have your license suspended
for a year or more depending on your past
driving record. The advantage of refusing is that depending
on how well you were driving before you were stopped and the
reason for the stop, you have the best opportunity to have your DUI
reduced or to be found not guilty at trial.

7. If you are placed under arrest, pay attention to the circumstances


surrounding the arrest so that you can tell them to your lawyer. If the
officer makes any mistakes or does not follow procedure properly it
will help your case. For example, if he/she does not inform you that
you are under arrest and/or does not read you your “implied consent
rights” in a timely manner, any subsequent tests may be suppressed
from evidence.

8. In the days immediately following your arrest, you should be


aware of the Ten Day Rule. This Georgia law states that if you
have been arrested for DUI, had your license taken by the officer
and served with a DDS 1205 (temporary driving permit), you only
have 10 business days to request a hearing. If you do not request
this hearing, your license will automatically be suspended. Your
lawyer will send the letter requesting the hearing for you. Call
attorney Scott M. Patterson at (770) 422-8840.

If any of the following facts are present in your DUI arrest, the
Ten Day Rule applies to you and you must act now:

· I took the test and my blood alcohol level was .08 or higher.
· I refused to take the test.
· I tried to take the test, but they said I refused.
· I was under 21 on the day of my arrest, and my test result was .02
or higher.
· I have a CDL, was in my rig when arrested, and my blood alcohol
level was .04 or higher.
· I am not sure what my blood alcohol level was.

What you SHOULD NOT do if you are pulled over


under suspicion of a DUI in Georgia:
1. Never answer any preliminary questions such as where you’ve
been, how much alcohol you’ve consumed, etc.

2. If you want to have the best chance of defending your case,


NEVER perform any field sobriety (roadside) tests such as the
Horizontal Gaze Nystagmus Test, The One Leg Stand, or The Walk
and Turn test.

3. Never blow into any handheld device (the Alcosensor®) on the


side of the road. Note: if you do take a field sobriety test or blow into
the the Alcosensor®, your lawyer will want to question the arresting
officer closely about his/her Field Sobriety Training, as well as how
he/she administered and scored the tests. Mistakes diminish the
validity of the tests.

4. Do not consent to a search of your vehicle, person, or property.

5. Never argue with a police officer.

6. Do not resist being handcuffed.

7. Do not let an officer’s actions or words intimidate you into doing


something you have no legal obligation to do.
The bottom line is, a DUI arrest can be scary and intimidating but a
good lawyer can help you make the right decisions. Contact Scott
M. Patterson at (770) 422-8840.

The Law Office of Scott M. Patterson, LLC


399 Washington Avenue
Marietta, Georgia 30060-2025
scott@scottpattersonlaw.com
Telephone: (770) 422-8840
Fax: (770) 423-1604