As former DUI prosecutors we are often asked, “what do I do if I get pulled over by the police when I have had a few drinks.” That is a very complicated question that does not have one simple answer. Therefore, we will answer the question in a nutshell by explaining what you can expect chronologically from the police and how you should respond First, make sure you have your documentation handy when you get pulled over. When you pull over use your turn signal and drive prudently. Have your insurance and license ready. If you fumble your insurance the police will consider that a clue of insobriety. Also, be aware that many officers nowadays have video and audio. Therefore, if you say to the police “I am sorry I know I have had too much too drink and shouldn’t be driving”, that statement is being recorded. Always be polite and professional. The officer may ask you out of the car to perform some filed sobriety evaluations. These are voluntary and include, but are not limited to, the “one leg stand”, “walk and turn”, “ABC’s”, “alcosensor”, and “horizontal gaze nystagmus (HGN)”. We would never submit to the HGN and especially not the alcosensor. The alcosensor is a roadside breath test- the machine is about the size of a cell phone. The alcosensor is going to give the police a BAC reading and if you blow high enough you are getting arrested. The HGN is subjective- meaning we won’t be able to see how you did on any video. During the HGN the police officers will hold up a pen or some other stimuli and ask you to follow it without moving your head. The walk and turn consists of walking a straight line and the one leg stand is just like it sounds-you stand on one leg. These evaluations are key. Pay attention to what the officer says because these are “divided attention tests”, meaning half the battle is knowing what is expected of you. Finally, if you are arrested, the police officer will ask you to take a test of your blood, breath, or urine. Breath is most common. If you agree to the test and I encourage you to take the test, make sure to ask for an independent test- meaning a blood test at a hospital. Agree to the state test and immediately say, “but then I want a blood test” at DeKalb Medical or Gwinnett Medical or wherever you want to go. If you refuse the test you are looking at a one year “hard” suspension of your license, which makes fighting the DUI much more difficult. If you take the test and blow above the legal limit we can still attack the validity of the test and you don’t have to worry about your license. However, I can’t stress enough how important it is to ask for an independent test. Finally, the most important thing is to call Webb & Zagoria, LLC as soon as you are released from jail so we can begin your defense immeditely! No case is hopeless, as you never know what can happen once we get into court and start fighting. If you don’t fight it we can guarantee you will lose.
David Zagoria and Mike Webb
Webb & Zagoria, LLC
