DUI Stops in Atlanta & Marietta, Georgia

What are the police allowed to do?

Important Atlanta DUI law Information detailing what police are allowed to do on a DUI stop in Atlanta are provided by the attorneys of Miller & Brown, P.C.

DUI stops are caused by one of two factors.  Either there is a sobriety checkpoint; for example, Georgia’s Operation Zero Tolerance statewide DUI crackdown where every car passing through a specific area is stopped or there exists a “reasonable and articulable suspicion” that a driver may be intoxicated. 

The law allows that the police may detain the driver and administer field sobriety tests in order to determine whether he or she had been driving under the influence.  To ensure that the field sobriety test results are admissible at trial, the state must offer evidence that the arresting officer had a reasonable and articulable suspicion to justify the administration of the tests.

Rules for Police Officers on Georgia DUI Stops

• A police officer either must have articulable suspicion (for example erratic driving in the lane) or probable cause (such as speeding) to stop your car.
• Standardized sobriety checkpoints have to be set up.  Impromptu ones are not allowed.
• Arresting someone based on anecdotal field tests like the odor of alcohol is not legal.
• A police officer must have training in administering and scoring standardized field sobriety tests for the tests to be used as evidence in a trial.
• Police officer must read you the “Implied Consent Notice” at the time of the arrest.
• A police officer must advise you of your Miranda rights if you are under arrest.  Field sobriety tests may not be undertaken without you being advised of your Miranda rights.
• Attempting to get your consent to search your vehicle when such an attempt exceeds the scope of the initial stop is not allowed.

Sobriety Testing

Standardized Field Sobriety Tests are of the following types:

• One Leg Stand Test
• Walk and Turn Test
• Horizontal Gaze Nystagmus Test

These tests are accepted by courts and considered more reliable than the anecdotal field sobriety tests because they have objective scoring factors, degrees of reliability, and decision points.  More courts have relied upon Standardized Field Sobriety Tests and have placed less reliance on anecdotal field sobriety tests.  Although there are some questions about the reliability of the tests in all cases (for example a middle ear infection can impact the subject’s balance).

In addition to these tests there are three chemical assay test methods:

• Breath testing
• Urine testing
• Blood testing

Of these the blood test is considered most reliable and can determine blood alcohol content as well as the presence of any of the prohibited drugs cited in the Georgia statute.

If you have a Georgia driver’s license the law indicates that you have given “your implied consent” to the testing.  Refusal to allow the test can trigger a suspension of your GA driving privileges for one year or longer with no limited driving permit allowed during the suspension period.  Once a routine drunk driving police stop in Atlanta has evolved into something more you should obtain the support of DWI lawyers to ensure that your rights are protected in any drunk driving litigation that may ensue. 

Experienced DUI attorneys can assist you in ensuring the best outcome in a DWI arrest.  To get more information about police officer stops in GA for drunk driving, criminal law, or defense litigation, call to schedule a free consultation with a Miller & Brown at 866-416-2403, or complete our quick contact web form.