Legal Advice

Stopped for a DUI in Atlanta?
5 Things You Must Know

Seeing blue lights in your rearview mirror creates instant panic. Your heart races. You start worrying about your job, your license, and your freedom.

In that high-stress moment, most drivers make critical mistakes that help the police build a case against them. If you or a loved one has been stopped, knowing these 5 rules can be the difference between a conviction and a dismissal.

 
1. Silence is Golden
The officer isn’t making small talk when they ask, “Have you had anything to drink tonight?” They are gathering evidence. You are not required to answer incriminating questions.
What To Say:
“Officer, I am exercising my right to remain silent. I would like to speak to an attorney.”
2. Field Sobriety Tests are VOLUNTARY

This is the biggest myth in DUI law. You are NOT required to perform roadside gymnastics. The Eye Test (HGN), the Walk and Turn, and the One-Leg Stand are voluntary.

These tests are designed for you to fail. Nervousness, roadside conditions, or bad knees can look like “impairment” to a police officer. Politely refuse them.

3. The Chemical Test is Different

After you are arrested, the officer will read the “Implied Consent” notice and ask for a blood or breath test. Unlike the roadside tests, refusing this test carries a penalty: an automatic 1-year license suspension.

Generally, it is often better to take this test if you have refused the field sobriety tests, but every case is unique. Even if you test over the limit, we can challenge the machine’s accuracy later.

4. The 30-Day Rule

Being arrested starts two separate cases: the criminal case (DUI) and the administrative case (your license).

Critical Warning

You only have 30 business days from the date of your arrest to file an appeal letter to stop your license from being suspended. If you miss this deadline, you could lose your ability to drive before your court date even arrives.

5. Don’t Admit Guilt

Feeling guilty and being guilty are two different things. Just because you were arrested does not mean the state can prove its case.

Officers make mistakes. Breathalyzers malfunction. Stops are conducted illegally. An experienced attorney can find these errors and use them to get charges reduced or dismissed. Never plead guilty at your arraignment without speaking to a lawyer first.

Did You Miss The 30-Day Deadline?

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