KNOW YOUR RIGHTS
What To Do If
Try to speak in short, concise
sentences, be clear, and speak only when
absolutely necessary. Remember you are
probably being both filmed and recorded
during the entire process. No rambling
diatribes or life stories. If you have
alcohol on your breath you are probably
going to jail .
And YOU
HAVE BEEN
DRINKING!
DON’T DRINK AND DRIVE!
If you do and are stopped, what should
you do? There is no easy answer for
what to do if you are pulled over for
suspected Driving Under the Influence.
The reality is that if you have an odor of
alcohol on your breath you are likely to
be arrested and taken to jail. In Georgia,
for example, DUI suspects are arrested
for DUI per se (blowing over 0.08) and
even when they blow below the legal
limit they are arrested for DUI less safe.
The short answer to the question of
what to do when stopped under such
circumstances is to provide as little
evidence as possible.
Factors to consider are: jurisdiction
of arrest; law enforcement agency
of arrest; and the number of drinks
you have consumed. Generalizations
are a dangerous thing and there are
exceptions. The basic rule of thumb
in a DUI case is that a DUI with a “state
administered” breath or blood test is
harder to win at trial than a case without
a test. This is true simply because the
“Legal Limit” is an arbitrary , constantly
changing number. In the 1980s, it was
0.12. In the 1990, it was 0.10. Since 1997,
it has been 0.08.
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Field Evaluations. Generally,
there is no benefit to taking field
evaluations like the one leg stand, nine
step walk and turn, alphabet, finger
to nose evaluation, or the five finger
dexterity test. Although an inference
can be made from refusal to complete
field evaluations, they are generally not
favorable even for sober individuals.
The very young and athletic are generally
the only individuals who successfully
perform field evaluations and seven they
may fail on occasion, in the opinion of
the arresting officer.
Ask lots of Questions. Ask
for an attorney immediately. Ask what
happens if you do not take the field
evaluations. Ask what happens if you
blow under the leg