We certainly are not defending driving while someone is drunk or on drugs. Driving drunk is a crime punishable by law and for good reason. It not only puts the drunk driver at risk of losing his or her life, but it also puts the lives of other innocent motorists and pedestrians in danger. If you are drunk, don’t get behind the wheel! It is simple as that.
However, in the pragmatic world, it is possible for people to be arrested and charged with a DUI even if they were not driving drunk. These are the people who need to be defended by a marvelous DUI legal professional.
If you have been arrested and charged with a DUI, then you can still defend yourself and actually beat your case. The key to doing this is to seek legal counsel and get started working on your defense at the earliest possible.
In this article, we will look specifically at a DUI traffic stop and what rights you have in such a situation, as highlighted by prolific DUI lawyers in Georgia.
Probable cause and reasonable suspicion
The fact is that just because a law enforcement officer is meant to uphold the law it does not give him or her authority to simply pull anyone over for a traffic stop. In order to pull you over, the officer will require some reasonable grounds for doing so, which Georgia DUI attorneys point out is what is known as probable cause. The officer must have sound reason to believe that you have broken the law or are on the verge of breaking the law in order to pull you over.
Therefore, as long as you are driving in a safe manner and following all traffic rules then you cannot simply be pulled over for no reason (a DUI checkpoint is an exception to this in some states).
In order for law enforcement officers to search your house or car legally, they need what is known as a search warrant or your own consent. In much the same way, your body, like your car or house, is also considered your property and for law enforcement officers to test you for sobriety they need your consent or a judge signed warrant.
You may very well refuse to be subjected to sobriety testing. However, in some states like Georgia, known as implied consent states, your driver’s license may be suspended in case you refuse to be subjected to sobriety testing, caution DUI lawyers in Georgia.
Now you should be expected to lose your license if you refuse the test. The states that do not have this law are wrong and irrational. This is not the movies; this is not Superbad. Officer Slater (Bill Hader) and Officer Michaels (Seth Rogen) do not exist. If they do, the chances of them pulling you over are slim to none. You can expect to be pulled over by police officers who are competent and not drunk themselves.
If you are acting drunk and the police officer senses you are drunk, you can expect to lose your license if you refuse to go through the motions and have this test. Do not drink and drive!
Right to remain silent
When stopped on suspicion of drunk driving, it is inevitable that you will be bombarded with questions during interrogation by the investigating officer.
However, remember that you have the right to remain silent and that anything you say can and will be used against you in a court of law. In order to prevent yourself from inadvertently making any self-incriminating statements, we suggest that you politely decline to answer questions and redirect them to your legal counselor instead.
If you have been charged with DUI, talk to a Georgia DUI lawyer today to put up the best possible defense and potentially beat your charge. Go to USAttorneys.com right now! There is not any reason to wait; the prosecution is on their own time table!