Macon Personal Injury And Criminal Defense Law Blog

Law enforcement works hard to keep impaired drivers off Georgia highways, and drivers who are caught driving drunk will face the full wrath of the law. Dealing with drunk driving charges is daunting without the advocacy of a criminal defense attorney. Having legal counsel to protect his or her rights from the onset might limit the damage that a DUI conviction could cause.

Law enforcement needs probable cause to pull a driver over, and in many cases, traffic violations or malfunctioning brake or headlights give police officers enough reason to pull drivers over. The best way to deal with such a traffic stop is to pull over, turn on the car's interior light and remain in the vehicle with hands kept on the steering wheel. Being polite and handing over one's license and registration or getting out of the car when asked to by the officer might allow the driver to get through the ordeal without legal repercussions.

A recent decision by a Georgia court shows why drivers charged with DUIs need to understand their rights. It also reveals how tricky the finer points of those rights can be.

Georgia’s laws for implied consent require drivers charged with driving under the influence to submit to tests of their blood, breath or urine. Drivers who refuse will have their licenses suspended for a minimum of one year. They can also have their refusals used against them as evidence in court, but a February ruling by the Georgia Supreme Court now blocks the use of an individual’s refusal of breath testing as evidence during a criminal trial.