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Does The Right To Remain Silent Apply To DUI Stops?

On Behalf of | Oct 16, 2021 | DUI, DUI First Offense

A DUI stop in Georgia may impact your present and future. If you face charges and a subsequent conviction, it may ripple into your personal and professional life for years to come. Do you have to talk to the police during a DUI stop?

Your right to remain silent extends to protect you during all interactions with the police, including a DUI stop. While the police may try to urge you to talk, you do not have to. Understand some of the terms you may face when stopped for a possible DUI.

Implied consent laws

When you get a license, you agree to give a breath or blood sample should the police request it. This implied consent is something that is binding across state lines. However, you do not have to submit to testing unless the court issues a warrant. The right to remain silent extends to the refusal of blood and breath tests without a court order. Keep in mind that a refusal to consent may result in an immediate suspension of your license.

Field sobriety testing

You do not have to submit to field sobriety testing if you choose to remain silent. The Fifth Amendment allows you to refuse questioning and testing because you do not want to incriminate yourself. Once you invoke this right, the police should stop questioning you.

Police procedure is straightforward, as are the parameters under which they operate. Remaining silent during a DUI stop may force the police to arrest you; however, not incriminating yourself may aid in your release and subsequent exoneration.

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