Your Rights When Pulled Over
If your vehicle is stopped by a police officer in Georgia, it is because he or she suspects you of having violated the law. This means that from the second you are stopped, and often before, you are under suspicion for criminal activity.
As the blue lights flash and you pull your vehicle off to the side of the road, remember, this is not a casual police-citizen encounter. This is not just a friendly chat. The officer has pulled you over. He already has his or her suspicions, and may already have what he or she believes to be probable cause to ticket or arrest you for the violation they allegedly observed. But they are always looking for more.
As a licensed driver in Georgia, you must know your rights and keep this in mind when speaking with the police. Whether or not you have violated the law, the police are always looking for clues that you might have. Be polite, and be respectful, but remember:
You are under no obligation to give them more fuel for the fire. Especially in cases where a driver is suspected of Driving Under the Influence (DUI), the officer looks to the driver to make his or her job easier, to make admissions or establish probable cause for arrest (that he or she may not have independently observed) in a number of ways.
- You have the right against self-incrimination.
- You have the right to remain silent.
- Anything you say or do can and will be used against you.
Even before your rights are read to you, it is your duty as a conscientious citizen and driver in the State of Georgia to be aware of them.
If you are suspected of Driving Under the Influence, it is crucial that you keep this advice in mind.
It is the officer’s job to establish probable cause for arrest, NOT YOURS.
Though there are consequences for refusing certain tests (discussed more thoroughly here), there may also be consequences for performing them. It is your choice to make, and your choice should be an informed one. As a professional Canton DUI attorney with over 30 years experience, I can help you understand your rights. Give us a call today.