Law Office of Matthew T. McNally Articles Standard Procedure for a DUI Stop

Standard Procedure for a DUI Stop

By Law Office of Matthew T. McNally  Feb. 14, 2011 5:50p

In Georgia, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater. If you are a commercial driver, that number goes down to 0.04% and, if you are under 21, that number is even less at 0.02%. If you have been arrested for drunk driving, it would be in your best interests to contact a drunk driving defense attorney. If you are driving and a law enforcement officer observes the following behavior, he or she may pull you over for suspicion of drunk driving:

  • Making a turn either too wide or too narrow
  • Erratic braking
  • Tailgating
  • Driving too slowly
  • Nearly hitting someone or something
  • Driving on the center lane
  • Weaving in and out of lanes
  • Swerving

When a law enforcement officer pulls you over in a DUI stop, they will ask you to step out of the vehicle in order to perform a series of field sobriety tests. If you still appear to be under the influence of alcohol and/or drugs, you will then be asked to submit to a chemical test. When you get your driver's license, under the implied consent law, you are required to submit to a chemical test when a police officer asks you to do so. Failure to submit to a chemical test will result in an automatic suspension or revocation of your driver's license.

In most cases, you will be asked to breathe into a breathalyzer device. If the officer suspects you are under the influence of drugs, then you will be asked to submit to either a blood test or a urine test. If your BAC is over the legal limit, you are facing jail time, up to one year license suspension, at least 40 hours of community service, mandatory completion of a DUI program, clinical evaluation and/or treatment, potential attendance in a substance abuse program, 12 months probation and Georgia SR22 insurance required. That is all for a first DUI offense. If this is a second, third or more offense, you face increased penalties.

Drunk Driving Defense Lawyer in Atlanta

If you have been arrested for drunk driving in Atlanta or the surrounding areas, an Atlanta DUI lawyer from the Law Office of Matthew T. McNally can help.

Contact an Atlanta Drunk Driving Defense Lawyer from our firm today for a free consultation.

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