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What Not to Do at a Georgia DUI Roadblock

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Let me tell you what to do if you are stopped at a roadblock and the police officer starts questioning you about the use of alcohol. First of all you're not required to answer questions that could incriminate you. Please understand that the officer has a microphone on his or her shirt and is recording this back to a police car in most situations. The officer says, “I smell alcohol, when did you have your last drink?” That’s suggesting that he knows you've been drinking when really you may not. The point of it is, is that you don't have to answer questions like that. You can simply remain silent or say, “well if I’m going to be questioned in a manner that could incriminate me I’d like to call an attorney.” They are not going to let you call an attorney.

If the officer says I need you to get out and do some field evaluations, this is optional. They didn’t use any optional language but it's optional. You don't have to do field evaluations. Most people have orthopedic problems or take medications that can affect those readings. Plus the adrenaline flow alone can make you fail those evaluations. Field sobriety tests are subjectively graded. You have to score better than 98% on the walk and turn and one leg stand tests just to pass it. You couldn’t even do that in school. Don't take field sobriety tests and don't admit anything about the use of alcohol/drugs or anything else and don't agree or consent to a search of your vehicle.

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