Typically, DUI investigation begins when a law enforcement officer observes some type of traffic offense and pulls the vehicle over. These offenses do not have to have an association with driving under the influence. You may be pulled over for something as simple a having a malfunctioning brake light. Georgia requires an officer to have a reasonable or probable cause that some traffic offense has occurred in order to stop a vehicle with the exception being a checkpoint.
Upon the traffic stop the officer will engage the driver while looking for signs of impaired driving such as slurred speech or the smell of alcohol. If the officer suspects that you are intoxicated, they will ask you to step out of the car to conduct a field sobriety test which measures the driver’s balance, motor skills, memory, and ability to follow the officer’s instructions. The officer will follow that up with a breath test.
Georgia Implied Consent:
Georgia Law states that if you take a breath test and are over the legal limit (.08 for drivers over 21, .02 for drivers under 21) then you have committed a dui per se offense. Failure to submit to the state administered chemical test of your blood, breath, urine will result in a minimum one-year suspension of your driver’s license and your refusal can be used against you in your trial. After submitting to the require state test, you are entitled to an additional test, at your expense, from qualified personnel of your own choosing.
Contact our office today to get the help you need. Protect your ability to continue driving pending your Administrative license suspension hearing as well as your dui resolution.