Here are five rights you have when stopped for a DUI in the State of Georgia.
1. Right to remain silent.
If you don’t want to answer any questions asked by the officer, you can politely exercise your right to remain silent and only speak in the presence of counsel.
2. Right to refuse field sobriety evaluations.
Field sobriety evaluations are voluntary, and no one can be compelled to do them. Examples include the Horizontal Gaze Nystagmus test (HGN), Walk and Turn, One Leg Stand, Portable breath test, Rhomberg Drug Evaluation, Alphabet Recitation and Lack of Convergence Drug test.
3. Right to refuse a State chemical test.
Per Georgia’s Implied Consent statute, you have the right to refuse a state test of your blood, breath, urine or other bodily substance. Be aware, however that there are consequences to your driver’s license and ability to drive on the Georgia highways if you refuse. By refusing, you risk losing your license for one year, with no limited permit. This can, however, be mitigated by the help of counsel. It’s important to hire a lawyer and seek legal advice promptly after arrest, especially in light of your ten-day deadline to file for your license hearing.
4. Right the get an independent test of your blood.
Do this at your own expense and from qualified personnel of your own choosing. You are only, however, afforded the right to get an independent blood test after you have first submitted to the state chemical test requested by your arresting officer.
5. Right to a court-appointed lawyer or public defender if you are deemed indigent by the courts.
This right is dictated by a review of your annual income; the Georgia guideline presumes indigence if a defendant falls below the Federal government guidelines (American Bar Determination of Eligibility for Public Defense 2012).
We encourage you to contact Schiavone Law Group to discuss your DUI rights.