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 A police officer must have a specific reason to pull you over, such as seeing erratic driving, observing non-functioning lights, or detecting that a driver or child is not wearing a seatbelt. With today's laws, there are so many excuses (reasons) to pull you over that essentially, once you've been stopped, the reason really doesn't matter-unless you go to court, that is. What does matter is what happens afterwards.
First, the officer should ask to see your license and proof of insurance. Make sure you know where these items are and have them readily available. You must produce your license when asked during a traffic stop. Insurance proof is now computerized, so if you can't find your card, the officer has the means to look it up. Current registration is nice to have handy, but again, it's all computerized and not required.
Keep in mind police are trained to observe how flawlessly you find these documents. Any "fumbling" could be taken for undue nervousness or even intoxication. In fact, the officer has been observing you since before he's turned on his lights to see if you make any "suspicious" movements, as if you might be hiding something. He may be videotaping you as well. If your registration or insurance has lapsed, he will soon know. You don't need to tell him or offer up any excuses. He will check your license against a national database and find out if it is suspended or if you have any warrants out for your arrest in any state. If he finds anything he can arrest you for, he will, but he is not done yet. There are many other things to check.
The officer is trained to make small talk and ask you mild questions such as "Where are you headed?" or "Do you know how fast you were going?" or even "How much have you had to drink tonight?" You are under absolutely no obligation to answer any questions. By refusing to answer, you are not making statements that might later be used against you. However, be polite in your refusal. Likewise, don't volunteer any information. Don't make excuses. Perform the tasks the officer requests quickly-as long as you understand. Ask for clarification if you truly don't understand what you're being asked. Don't threaten with speech or body language. The cop is just doing his job, and his job is dangerous enough to make him wary of everyone, even you. Ask, "Am I free to go?"
Once a police officer has dealt with the main reason why he stopped you, he will make sure you aren't breaking any other laws. If a police officer smells, or thinks he smells alcohol, he can ask you to take a battery of field sobriety tests. These can include the Horizontal Gaze Nystagmus ("follow my finger with your eyes") test, the Walk and Turn test, the One Leg Stand Test, and a hand-held breath test on a device called an Alcosensor (not a Breathalyzer). You no not have to perform any of these tests. Ask, "are these voluntary?" If you choose to perform these tests and you don't do well, or if the police officer otherwise suspects impairment, you will be arrested.
At the time you're placed under arrest for DUI, the officer is supposed to read the Georgia Implied Consent Notice to you. The officer will designate which of the tests (blood, breath, urine "or other bodily substance"), he wants you to take. He can require all three if he wishes.
Once you are arrested for DUI, the officer can search your person and your car for "evidence of intoxicants," which means open containers, even empty bottles or cans from days ago.
During a stop, an officer might ask for your consent to search your car. Regardless of what you think the officer might find, you do not ever have to consent to any search, by words or by actions. For example, if an officer asks to search your jacket and you say no, but then hold out your jacket as if to show how harmless it is, the officer will take that gesture as consent. If the officer has reasonable cause to search your car (for instance, he may look through the window and see something that resembles contraband, or he may believe he smells marijuana smoke), he will search anyway following the "Plain View Doctrine." Because of this doctrine, it is a good idea to never leave your personal effects, no matter how insignificant, in plain view. This will keep thieves from targeting your car as well.
If you take a breath test, ask what the result is. If the results show an unlawful blood alcohol level, or if you refuse to take the test, your license may be automatically suspended. The officer will take your license and give you a large yellow sheet of paper in exchange. This is your temporary license. You have just ten business days to request an administrative license suspension hearing. If you don't request the hearing within the ten business days, your Georgia driver's license or privilege to drive in Georgia will be suspended for 1 to 5 years by operation of law, depending upon your driving record.
Once you take the officer's test, you have the right to an independent test. Ask for a blood test at a local hospital; this is your right. Use it.
Remember, if you are arrested, it does not mean that the case can be proven in a court of law. It does not mean you are a bad person. Not providing evidence to use against you later is the absolute best thing you can do to protect yourself even if it means the suffering through an arrest.
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