Although a police officer may ostensibly pull you over for texting while driving, speeding, crossing a yellow line, running a stop sign, or driving in an erratic manner, the more likely reason for the traffic stop is suspected impaired driving. In other words, the officer is really pulling you over because he or she believes that you are operating your vehicle while under the influence of drugs or alcohol.
These types of traffic stops, called pretextual stops, are valid and constitutional. DUI checkpoints, also known as sobriety checkpoints, are also constitutional.
If an officer pulls you over and determines that you are operating your vehicle while under the influence of alcohol, you will likely be arrested. However, it is important to realize that all of your constitutional rights are still in full force at this time and when it comes to police questioning, silence is golden. You should immediately arrange for a DUI defense attorney to be present for any police questioning.
If you have been arrested and charged with a DUI in the state of Georgia, you need experienced legal representation on your side. The attorneys at The Epps Law Group have the legal knowledge and expertise to assist you with obtaining a favorable result in your DUI case.
What Happens Immediately after an Arrest?
In the state of Georgia, DUIs are arrestable offenses and the police will generally place the offender in handcuffs and into a police squad car. The arrestee will then be processed in accordance with standard police protocols for the county or jurisdiction where the arrest occurs. This part of the arrest process includes the following:
- A blood alcohol concentration (BAC) test (breath, urine, or blood)
- Police Questioning and Interrogation
Questioning by a Police Officers Before, During, or After an Arrest is Made
During a traffic stop – and sometimes after arresting the driver for a DUI – police officers will ask a series of questions. By law, the driver is not required to answer these questions and may request that an attorney be present during any and all questioning. This legal right against self-incrimination stems from the Fifth Amendment to the United States Constitution.
If the driver requests an attorney immediately prior to any police questioning, he or she cannot be forced to answer a police officer’s questions until after an attorney is made available and is present for the questioning. Any evidence obtained as a result of improper police questioning or interrogation techniques may be suppressed at the criminal trial.
If an officer begins asking the driver questions either during the traffic stop – or after an arrest has already been made – the driver should politely decline to answer any questions until legal counsel may be present. The police must also allow a reasonable time to meet with and consult legal counsel prior to answering any questions.
Contact a Suwanee DUI Defense Attorney Today for an Initial Consultation
If you say the wrong thing in response to police questioning, you can potentially make an already bad situation much worse. The DUI defense lawyers at the Epps Law Group have the legal knowledge, skills, and experience to help you achieve a favorable result in your case.
To schedule a free consultation and case evaluation with a Suwanee, Johns Creek, Cumming, Forsyth County, Gwinnett County, Dawsonville, Dahlonega, Lumpkin County, or Dawson County DUI defense lawyer, please call us today or contact us online.