Drinking & Driving
Follow this advice in the event that blue lights go up behind you.
1) Pull over at the nearest safe spot to do so. We encourage females in particular to pull over in a lighted place where others can see you. Individuals posing as officers to lure in assault victims are rare but your personal safety should be of top priority.
2) Have your proof of insurance and driver’s license where you can obtain them quickly and without fumbling. If you are slow in gathering these items or have difficulty producing them, the officer may testify that that was evidence indicating that you were under the influence.
3) If you have passengers, get them under control and advise them not to make any statements. If a passenger is asked or told by an officer to make a statement, their statement should be limited to their identity.
4) Be courteous. Officers do have a tough job and they serve a vital function of our society. Do not make demands of the officer and do not curse at the officer. You are being videotaped and recorded and these statements will not help you in any way.
5) Say as little as possible. Your speech could be taken as an indicator of being under the influence. “Slurred speech” occurs regularly in DUI arrest reports. The officer may ask you if you’ve had anything to drink. Do not discuss your drinking. Say that you’d rather not answer that question. If he or she pressures you to answer, ask if you need to get a lawyer. Under no circumstances should you admit to drinking or describe how many drinks you’ve had.
6) Decline to do the field sobriety test. Even if you are completely sober you should decline to participate in any field sobriety exercises. These tests are designed to produce failure and the officer will use them to obtain evidence to prosecute you. Do not do eye tests, alphabet tests, counting tests, agility tests, walking tests, balance tests, or roadside breath tests. In Georgia, these roadside test numerical results are not admissible in evidence and there’s no need to show your athletic prowess, or lack there of, on video.
7) Refuse the state chemical testing (blood or urine test). This puts the officer in the position of proving impairment, that you were less safe to drive. Breath tests can be unreliable and can produce false results if not handled correctly.
8) Ask to be allowed to speak to an attorney as soon as possible. The officer does not have to stop the arrest or booking process to allow you to call an attorney, but you should put it on the record that you want a lawyer. After you make this statement, do not make any other statements about your case. Remember that most patrol cars record statements that you make in the car or near the officer. Just because the officer is away from the car or is transporting you does not mean that that hidden microphone is not active and recording your statements.
9) Your first phone call should be to someone who can get you out of jail whether that be a bail bondsman or family member. Get out as soon as possible and call a trial attorney as soon as possible that tries DUI cases. Jacque Hawk of The Hawk Firm has been rated in the top”10 Best in Client Satisfaction” by the American Institute of DUI/DWI Attorneys. There’s no need to play around with your legal case so call us, we’ll fight for you.
10) DO NOT DRINK AND DRIVE