What Should You Do During a DUI Stop?
It can be hard to keep a calm mind when you get pulled over after having one or two drinks. You know DUIs are bad, and you are already anticipating the costs that come with such a serious charge. That’s when you get what feels like a great idea: what if you just refuse to take the breath test? You know you can pass a field sobriety test easily enough, but a breath test? Maybe not.
While refusing to take a breath test may seem like a great way to limit the amount of evidence the cops have to use against you, there may be some unintended consequences.
Read more to find out what you should and shouldn’t do during a DUI traffic stop. Call 912-233-1273 to schedule a free consultation with Scheer, Montgomery, & Call, P.C., if you have been charged with a DUI and need help through this complicated legal process.
Can You Refuse a Breath Test in Georgia?
Technically, yes, you can refuse a breath test in Georgia. But doing so will come with some serious consequences.
Georgia, like all US states, has something called implied consent laws, which means drivers automatically agree to chemical testing if lawfully arrested for DUI. Refusing a breath test triggers an automatic one-year license suspension, even if you’re never convicted of a DUI. You will also lose the chance to get a limited driving permit.
And it doesn’t stop there. The refusal can be used against you in court. Prosecutors will often argue that refusing a breath test shows you were aware of your impairment.
What Else Should You Not Do During a DUI Stop?
A traffic stop can go south fast when you’re not careful. Knowing what not to do can make a big difference in how your case plays out later.
- Don’t argue or get confrontational with the police. You won’t be able to talk your way out of this, and getting combative only makes things worse.
- Don’t admit to drinking: Even admitting to “just one drink” gives the officer something to use against you.
- Don’t take field sobriety tests without thinking: These tests are voluntary, but officers will present them like they’re mandatory.
- Don’t lie: It’s better to say nothing than to make a false statement that can be disproven.
- Don’t reach for anything suddenly: Keep your hands visible and follow all instructions calmly.
Stay quiet, calm, and respectful protects your rights and legitimately limit the evidence that can be used against you later.
What Should You Do to Help Your Case During a DUI Traffic Stop?
Now that you know what to avoid, let’s go over things you can do to help your case. By making a few smart choices, you can turn the tide slightly in your favor.
- Turn on your interior lights and roll down your window. This will put the officer at ease and ensure everything is visible and non-threatening.
- Have your license and registration ready before the officer arrives at your window. Fumbling for documents may be interpreted as nervousness or impairment.
- Politely ask if you’re free to leave: If the stop seems to be dragging on without cause, this simple question can clarify whether or not you’re being detained.
- Document everything as soon as possible: In order to avoid forgetting certain details, document everything that happened, what was said, and how the officer behaved, which could make a big difference in court.
Can You Challenge a DUI Arrest Without a Breath Test?
A DUI case doesn’t disappear just because you refused a breath test, but that doesn’t mean the state has a slam dunk, either.
When there’s no chemical test result, the charge usually falls under DUI Less Safe laws. That means the state must prove that your ability to drive was impaired, even without a blood alcohol concentration (BAC) number. That’s not always an easy task.
Field sobriety tests, dashcam footage, and the officer’s observations become the core of their case. But each of these has problems. Sobriety tests are subjective, and performance can be affected by fatigue, medication, physical disabilities, or even uneven pavement. Officer notes may include vague phrases like “bloodshot eyes” or “slurred speech,” which isn’t enough to prove actual impairment. Even bodycam footage isn’t always as clear as you’d think.
Without a breath test, prosecutors have to rely on interpretation, and that can open the door for a DUI defense attorney to poke holes in their case. Challenging how the stop was handled, questioning the officer’s process, or expert testimony can shift the outcome in your favor.
How Can a DUI Attorney Help You If You Refused a Breath Test?
Refusing a breath test changes how your case is handled, but it doesn’t mean you’re out of options. It just means the state has to build its case differently, and that gives a skilled DUI attorney room to challenge their approach. From filing for an ALS hearing to preserving dashcam footage, a good attorney knows how to move fast before key evidence disappears. They will also know how to cross-examine officers, question procedures, and expose weak spots in the state’s argument, especially in DUI Less Safe cases.
Please, don’t try to figure this out on your own.
Call 912-233-1273 now to schedule a free consultation with Scheer, Montgomery & Call, P.C. We know the process. We know your freedom and rights are at stake. And we know how to fight for the best outcome for your case, with or without breath test results.
