DUI – FAQ
1. Should I answer the police officer's questions if I am pulled over after I have been drinking?
ANSWER: You should politely answer all questions regarding general identifying information, such as name and address. However, you should politely refuse to answer the question: “Have you been drinking?” or “How much have you had to drink tonight?” or any other questions designed to get you to incriminate yourself
2. Should I consent to field sobriety evaluations?
ANSWER: No. Field sobriety evaluations are optional and you should politely refuse to participate in any of them. They are designed for you to fail and, other than the Horizontal gaze nystagmus test, are
3. Should I consent to a roadside breath test?
ANSWER: No. The instrument used to perform this test is inaccurate and does nothing other than give the
police officer and ultimately the prosecutor evidence to use against you.
4. If I am arrested for DUI does the officer have to read me Miranda?
ANSWER: Not necessarily. If the officer intends to question you further after your arrest to solicit a confession or other evidence to use against you in the prosecution of your DUI, then he must read
Miranda for any statements you give that are responsive to his questions to be used against you.
FAILURE TO READ MIRANDA DOES NOT MEAN THAT YOUR CASE WILL BE AUTOMATICALLY DISMISSED.
- 5. Should I consent to the officer's request that I take a state administered or “official” breath or blood test.ANSWER: Probably not. Like the field sobriety tests and the roadside breath test, this test is designed to strengthen the case against you and is an attempt to gain evidence of your alleged impairment. WARNING:
If you do not consent to take the test, your license can be suspended by the Georgia Department of
Driver Services for a minimum of one year with no limited or work permit allowed. However, if you
win your DUI case through a not guilty verdict at trial or a reduction of the DUI to a non-DUI
offense, the suspension will be lifted.