Sobriety Checkpoint Answers from a DUI Lawyer
It is common in the state of Georgia to come across a Sobriety Checkpoint. These are legal roadblocks that police set up to stop oncoming motorists and ensure that they catch drivers who have been drinking. There have been many videos circulating on social media where individuals refuse to cooperate with police. Is this what a driver should do?
One of our goals at Schiavone Law Group is to keep you informed, so here are answers to some Frequently Asked Questions:
- Do you have the right to remain silent?
Yes. Once you are pulled over, you can politely decline to answer questions without an attorney present. While remaining silent does not prevent arrest, it may be helpful to have counsel present.
- Do you have the right to refuse a breathalyzer test?
Not exactly. You are not bound by law to accept a breath test requested by an officer. A citizen may refuse, but it may not be the best choice in Georgia. If you consent to the breath test and results show an alcohol level above the legal limit, your GA driver’s license or privilege to drive in Georgia may be suspended for one year. If you refuse the breath test, your GA driver’s license or privilege to drive in Georgia will be suspended for one year. Of course, these consequences can be mitigated by hiring an attorney.
- Do you have the right to resist arrest?
No. If you are arrested, resisting an officer can only hurt your case. Even if you believe the arrest is unfair, it is important that you remain calm. If your license is taken upon arrest, you have 30 days to file for a hearing to contest it, so it is important to hire counsel immediately.
If you are arrested for driving under the influence, we at Schiavone Law Group understand it is a serious, life changing event and work hard to uphold your rights.