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DUI | DWI Articles  »  Georgia DUI Laws
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DUI Defense Blog Series: Part I

By: Lance Dutton
Date Added : May 10, 2011 Views : 253
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You just left a bar and indulged in a few alcoholic beverages, but you feel fine and decide to drive home. You stopped drinking an hour before you left and started to drive home. After a few minutes in the car, you see the dreaded “blue light special” in your rearview mirror.

Getting Pulled Over: If you‘re pulled over at night, many officers will already be more suspicious about possible impairment. The officer will ask for your license and registration. At that point, depending on the officer’s suspicion, they might ask questions unrelated to the traffic stop such as where you’ve been, what you’re doing out late and whether you’ve been drinking.

Why do officers ask these questions? While the questions seem innocent enough, the officer is gathering information for a possible case against you.

Responding to the Officer: First, you shouldn’t lie to an officer because you might be arrested for hindering (although it is very unlikely that you would ever be charged). If you can’t lie and you don’t want to admit guilt, what should you do? Here are some other options:

When answering questions be as vague as possible. Don’t lie but don’t turn yourself in.
You can refuse to answer the question. This will prevent you from saying anything that might be incriminating.
You have the option to tell the truth. For example, if an officer asks where you’ve been, you can say you are coming from a sporting event or friend’s house.
The key point is to avoid giving the officer probable cause to arrest you for a DUI. Everyone has the right against self-incrimination, and refusing to answer direct questions should not be used as probable cause against you.

Note: We do NOT encourage drinking and driving. Whenever possible, get a cab or have a designated driver to take you home if you have consumed any alcoholic beverages.

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