DUI Stops and Arrests in Alpharetta
If you are pulled over for suspicion of drinking and driving, there are a few things to expect. First, you will be asked to provide your driver’s license. If the officer smells alcohol or sees evidence of impairment, you would likely be asked to step out of the car to answer questions about whether you have been drinking. To test your level of sobriety, the officer will ask you to submit to a series of standardized field sobriety tests. If an officer believes that you are are under the influence of drugs or alcohol, you may be placed under arrest. You would then be informed of your implied consent rights, which requests that you take a blood, breath, or urine test. Depending on the outcome of a chemical test, you may be charged with a DUI and have your license potentially suspended or revoked.
If you have encountered a similar situation, reach out to a DUI defense attorney today. With a lawyer on your side, you may be able to fight charges following a DUI stop and arrest in Alpharetta.
Searching a Vehicle During a Drunk Driving Stop
An officer can search a vehicle if they suspect that there is contraband in the vehicle such as drugs or an open container of alcohol. A person’s vehicle may also be subject to an “inventory search” if the car is being towed. Such a search is designed to protect the driver to make sure none of their personal property is missing when their car is impounded. Police officer’s use inventory searches to search a person’s car for drugs, alcohol, or other contraband. Although a person is within their right to not consent to a police search, once a person is arrested, an inventory search can take place without the driver’s consent.
Implied consent means that all drivers have consented to give a blood, breath, or urine sample if they are arrested for DUI. A driver can revoke their consent and not take the test. However, it is likely that that state will revoke or suspend their driver’s license following a refusal. This is a condition of driving on the highways of Georgia that they consent to a blood, breath, or urine test if they are charged with DUI.
What Rights Does a Person Have During a DUI Stop?
A person has the right to decline any questions asked during a DUI stop. In addition, a driver is also within their right to decline to submit to field sobriety tests. Once they are placed under arrest, they have the right to decline to submit a blood, breath, or urine test. Once that is done, they have the right to speak with an attorney, but not before deciding to whether to submit to the checmical test.
Requirement of Miranda Rights
An Alpharetta DUI stop is legal even if the driver was not read their Miranda rights. Miranda rights are only required to be read to an arrested individual when questioning a suspect after they have been placed under arrest.
It is rare that Miranda rights and questioning by the police will take place after a person has been arrested or after a person has been asked to submit to a chemical test. Most police questioning takes place before the arrest in a DUI case, in order for the police to decide if they are going to arrest you.
Retain Legal Assistance Today
Being pulled over for a DUI offense is an intimidating situation to be in. Not only are you placed under arrest, but your license could be suspended or revoked, and other consequences such as paying fines and doing community service are mandated under Georgia law. However, with a DUI defense lawyer on your side, you may be able to challenge a DUI stop and arrest in Alpharetta. For more information regarding how a lawyer could help, or if you wish to get started on a case, be sure to schedule a consultation today.