My Rights During a DUI Traffic Stop

The Stanford Policing Project reports that “Police pull over more than 50,000 drivers on a typical day, more than 20 million motorists every year.”

During any traffic stop with the police in the United States, it is important to be aware of your rights. While laws can vary slightly from state to state, the following rights generally apply in this convenient short-list you can save and carry with you for quick reference:

MY RIGHTS

1. My Right to remain silent: You have the right to remain silent and not answer any questions beyond providing basic identification information. You can politely inform the officer that you prefer to exercise your right to remain silent.

2. My Right to refuse a search: Unless the police have probable cause or a valid search warrant, you have the right to refuse a search of your person, vehicle, or belongings. It is generally advised to clearly and calmly state your refusal, but not to physically resist if the officer decides to conduct a search anyway.

3. My Right to be free from unreasonable searches and seizures: The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. This means that, in general, the police need a valid reason (probable cause) to search your vehicle or arrest you. However, note that during a traffic stop, the police can conduct a brief search of the passenger compartment if they have reasonable suspicion for their safety.

4. My Right to request an attorney: If you are arrested or if you are not free to leave but have not been arrested, you have the right to request an attorney before answering any further questions. It is advisable to exercise this right to protect your legal interests.

5. My Right to record: In many jurisdictions, you have the right to record the encounter with the police, as long as you do not interfere with the officer's duties.

Remember, it is crucial to remain calm and respectful during a DUI traffic stop. If you believe your rights have been violated, you can address the issue in court but do not physically resist the police or argue on the scene, as it may escalate the situation.

Generally, if you are pulled over in a motorized vehicle by any law enforcement you do have a duty to answer certain very limited questions. If an officer has a reasonable suspicion that you have committed a crime like speeding or failing to use your turning signal while changing lanes, the officer is entitled to know at minimum the driver’s name, and have the driver turn over proof of insurance and their valid driver’s license.

In Georgia, any driver, whether they own the vehicle they are driving or not, must show a valid U.S. driver’s license and proof of valid insurance. Many drivers are caught off-guard by driving a friend or family member’s vehicle where the insurance was lapsed or canceled resulting in a ticket for the driver, but not the owner of the vehicle. Always ask for proof of insurance before you drive someone else’s vehicle or you could risk a ticket if that person does not maintain automobile insurance.

After you have provided the police officer with your name, license, and proof of insurance, the officer typically may only write up the ticket and send you on your way immediately. However, the officer may legally detain a driver and passengers if they have reasonable articulable suspicion or probable cause that an additional state, federal, or municipal law has been violated or is currently being violated.

Police officers may conduct visual inspections of a driver’s vehicle without a warrant or consent. They can also observe a driver or passenger for signs of drug or alcohol impairment such as slurred speech, bloodshot and/or watery eyes, the odor of alcohol, and balance/walking issues among many others.

In Georgia, a police officer has probable cause to arrest a driver if they have bloodshot, watery eyes and also has an odor of alcohol on their person. This does not mean the officer has collected enough evidence to convict the driver of a state or municipal DUI/DWI charge. The prosecutors down the road in court would need much more evidence than bloodshot, watery eyes, and an odor of alcohol to have a jury find a driver guilty of driving while intoxicated.

The officer is then left in the position where they have the right to arrest you, but do not have enough evidence to convict you for the charges they write against you. The officer needs to collect more evidence and the best way to do that is to ask the driver to agree to participate in Standardized Field Sobriety Tests promulgated by the National Highway Transportation Safety Administration. There are three tests, one scientific–the Horizontal Gaze Nystagmus Eye Examination–and the other two non-scientific–the One Leg Stand and the Walk and Turn Examinations.

These tests are 100% completely voluntary, meaning the officer cannot make you do these examinations. In every circumstance, you should politely decline to do any examinations. The examinations are only used to collect evidence against the driver and also to continue talking to the driver to try and get more evidence from the statements made by the driver they are questioning.

Another tool a police officer has at their disposal is their Portable Breath Test Device designed to measure a person’s breath alcohol concentration or BrAC.

Again, the Portable Breath Test is 100% completely voluntary, meaning the officer cannot make you blow into the device. In every circumstance, you should politely decline to perform any examinations with a handheld Portal Breath Test Device.

Finally, if an officer in Georgia places you under arrest, they are obligated to read, at or immediately near the time of your arrest, Georgia’s Implied Consent notice. This notice also contains your Miranda Rights. This Implied Consent Notice is also another request for an examination that is also voluntary, called the Intoxilyzer Examination which occurs at the detainment center where a driver is taken to and booked for arrest and held for either a few hours to a few days until a bond hearing is held. The Intoxilyzer device measures your deep lung breath to measure a person’s blood alcohol content or BAC. The Intoxilyzer Examination is 100% completely voluntary, meaning the officer cannot make you blow into the device. In every circumstance, you should politely decline to perform any examinations with an Intoxilyzer device.

If an officer asks questions that are not related to your 1) Identity, 2) License, or 3) Insurance, these questions can be politely declined. Your response should be “I politely decline to answer your question, am I free to leave after I sign the ticket?” If the police officer asks you to step out of your vehicle at any point, it is fairly certain that the officer has already made the decision to arrest you, so the best thing you can do at this point is to physically comply with every demand to move or sit from the officer, politely decline to answer any questions and request to speak to an attorney if you are pressed further to perform examinations or answer questions.

It can be uncomfortable to answer every single question from an officer with the same statement over and over again. The officer may even become physically aggressive when you assert your constitutional rights. It is important to remain calm and always ask for an attorney. If you are presented with the opportunity to call an attorney, call a trusted friend or relative to immediately help you call attorneys or use an app like TurnSignal to get in contact with an attorney immediately to help you.

Remain silent at all times after you are arrested. Do not make small talk or chit-chat with anyone. Everything you say and do is being recorded on cameras and law enforcement will write down any statements you make that could be considered evidence. Do not make small talk or chit-chat with the staff at the detention facility either. You are still being recorded and these staff members can testify against you in court later on.

Law Enforcement may hold you for several hours in order to obtain a warrant for a sample of your blood to determine your blood alcohol content or BAC. An experienced defense attorney can evaluate the warrant and the evidence collected by law enforcement and file a motion to suppress evidence if there was no sufficient evidence to show probable cause to the Magistrate Judge who signed the warrant.

If you are making calls from a detention center to people outside, do not talk about your case or any of the details of your arrest as the detention center records and listens to all calls and turns over the records to the prosecutor in your case. Calling an experienced defense attorney as soon as possible will help you navigate the complex process that has started against you, to be released from detention as soon as possible, and to prevent you from unknowingly providing evidence against yourself to the police.

The duration of the arrest and booking process, as well as the time it takes to bond out of detention, can vary depending on several factors, including the jurisdiction, the workload of the law enforcement agency, and individual circumstances. There are several phases of the arrest process before you can be released:

1. Arrest: The time taken for an arrest can vary greatly, depending on the circumstances surrounding the arrest. In some cases, an arrest may occur swiftly, while in others, it may take several hours or even days.

2. Booking: Once a person is arrested, they are taken to a detention facility or police station to undergo the booking process. The booking process involves recording personal information, taking fingerprints and photographs, conducting a background check, and searching for any outstanding warrants. The duration of the booking process can range from a few hours to several hours, depending on the workload of the facility and the efficiency of the personnel involved.

3. Initial appearance: After the booking process, the arrested person is usually brought before a judge or magistrate for an initial appearance. This appearance is typically conducted within 24 to 48 hours of the arrest, but it can vary depending on local laws and the availability of the court. During the initial appearance, the judge determines if there is probable cause for the arrest and may set bail or release conditions.

4. Bail process: If bail is set, the time it takes to bond out of detention depends on various factors. Bail can be paid in cash or through a bail bondsman. If the arrested person or their family can pay the full bail amount in cash, they can usually be released relatively quickly, often within a few hours. However, if a bail bondsman is involved, additional paperwork and verification may be required, which can extend the release time.

5. License suspension: In Georgia, if an Officer signs and serves you with a copy of Department of Driver Services Form 1205 before you are released from detention, you have thirty (30) days from the date the Officer gave you the DDS Form 1205 to appeal the immediate suspension of your license and request an administrative hearing from the Office of State Administrative Hearings.

An experienced defense attorney can assist you at any stage of the arrest process and especially in the court proceedings afterward where you may need to file a motion to suppress evidence in your case to combat any violations of your constitutional rights.

Contact RAM LAW today for a free case evaluation via email, text, or phone.

Note: Consuming any kind of intoxicant and operating any motorized vehicle risks your own life and the lives of the other people that share the roadway with you at all times. If you choose to consume legal or illegal intoxicants, it is much cheaper and safer to either stay at home until sober or use a designated driver or ride-sharing/taxi service.

BEING A RESPONSIBLE DRIVER IS SIMPLE:

IF YOU ARE DRINKING OR CONSUMING INTOXICANTS, DO NOT DRIVE.

1. Plan your safe ride home before you start the party, choose a non-consuming friend as a designated driver.

2. If someone you know has been consuming an intoxicant, do not let that person get behind the wheel. Take their keys and help them arrange a sober ride home.

3. If you consume an intoxicant, do not drive for any reason. Call a taxi, a ride-hailing service, or a sober friend.

4. If you’re hosting a party where alcohol will be served, make sure all guests leave with a sober driver.