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Typically, police must have probable cause to believe a motorist has violated the law before they can conduct a traffic stop; however, there are scenarios in which officers can pull someone over to check for impairment, even if the driver is not exhibiting signs of drunk driving. In Georgia, for example, DUI checkpoints are permitted, which grants police the authority to pull over random motorists without probable cause. Whether you are stopped for signs of impairment or pulled over at a roadblock, a DUI lawyer from The Walker Firm wants you to keep the following information in mind.

You Are Already at a Disadvantage

Because police typically need probable cause to pull someone over, they enter most exchanges with an already biased opinion of the motorist. Whether they are conscious of it, they are likely to take a “guilty until proven innocent” view of the driver and only look for evidence that confirms their suspicions. Unfortunately, individuals who pass through DUI checkpoints are not protected from this bias. 

DUI lawyerRoadblocks are usually established near clubs and bars when impaired motorists are most likely to be out, so officers may simply assume those who pass through them have been drinking. As a result, drivers should do everything in their power to avoid confirming any suspicions. For example, you should remain polite and non-combative, and you should not answer any potentially incriminating questions or submit to field sobriety tests. 

You Are Obligated to Consent to a Chemical Test

Although you can refuse to submit to field sobriety tests, Georgia has implied consent laws, which means motorists agree to chemical tests in certain scenarios. For example, if police lawfully arrest you for driving under the influence or you were involved in a collision that resulted in severe bodily injury or death, you must submit to chemical testing. The arresting officer can choose to order a blood, breath, or urine test and must follow strict procedures for administering it; however, if police do not recite Georgia’s implied consent notice upon arrest, the results will not be admissible in a criminal court. 

If you refuse to take a chemical test, you face a mandatory one-year license suspension. Unfortunately, Georgia law does not allow suspects to consult with a DUI lawyer prior to submitting or refusing a chemical test. Regardless if you submit or not, though, a seasoned attorney can help you determine the most strategic way to proceed. 

If you are facing criminal law charges following a traffic stop in Georgia, turn to a DUI lawyer at The Walker Firm. Based in Warner Robins, this legal practice helps clients resolve cases that fall under personal injury law, traffic law, and criminal defense. You can learn more about the knowledgeable lawyers on their team by visiting their website. To schedule an initial consultation with an experienced DUI lawyer, call (478) 923-4152. 

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