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What are your rights with a DUI charge?

On Behalf of | Jan 26, 2024 | DUI |

The National Highway Traffic Safety Administration estimates that 37 people die every day in drunk-driving accidents. Many more receive significant injuries because someone chose to drive under the influence of drugs or alcohol.

When facing a DUI charge in Georgia, it is important to be aware of your rights to navigate the legal process effectively. The state has established specific guidelines to ensure fair treatment for individuals accused of driving under the influence.

Right to remain silent

When police officers pull you over because they suspect you are DUI, you have the right to remain silent. This means you are not obligated to answer any questions posed by law enforcement officers. While it is important to be respectful, you are not required to provide potentially self-incriminating information.

Field sobriety tests and breath tests

You have the right to refuse field sobriety tests and preliminary breath tests. These tests are voluntary, and declining them does not automatically imply guilt. However, it is important to note that if you refuse a breath test at the police station, there may be consequences, such as a license suspension.

Miranda rights

If police take you into custody, they must read you your Miranda rights. This includes the right to remain silent and the right to an attorney. It is important to be aware that the court can use anything you say against you, so exercising your right to remain silent is advisable until legal representation is present.

Right to a fair trial

You have the right to a fair trial by a jury of your peers. This means that the prosecutor must present evidence against you in a manner consistent with legal standards, and your defense will have the opportunity to present counterarguments.

Receiving a DUI in Georgia triggers various rights designed to protect individuals in the legal system. Knowing and understanding these rights is important to navigate the legal process effectively and ensure fair treatment throughout the proceedings.