Try to speak in short, concise sentences, be clear, and speak only when absolutely necessary. Remember you are probably being both filmed and recorded during the entire process. No rambling diatribes or life stories. If you have alcohol on your breath you are probably going to jail .
If you can avoid it don’t refuse the one leg stand and walk and turn. It rarely looks innocent to refuse everything. Make the police look unreasonable. Try not to look unreasonable. However, only do the fieldevaluations if you have good balance generally, are athletic, and are not noticeably unbalanced from alcohol.
If you know you have had too much to drink, don’t try the tests. You cannot pass field evaluations. Field evaluations are measured in degrees of failure.
You can take the small hand held breath test offered before arrest. It is not admissible as a numerical result only positive or negative for alcohol. You have probably admitted drinking anyway. Many police officers will let you go if you blow under 0.08 legal limit on the handheld, pre-arrest breath test.
Don’t blow into the post arrest, cash register sized breath machine or give blood at the hospital, jail, police station or DUI Recreational Vehicle if you want to give your attorney any chance to win your case. However, you may lose your license for a year if you refuse. It is not automatic if you request a hearing within ten days of your arrest. If this is your 2nd DUI in ten years or you are under 21 years of age, or the officer is accusing you of driving under the influence of legal or illegal drugs, always refuse.
Don’t tell the police about all the prescription medication
you are taking. Prescription pills can equal a DUI. It is no defense that you are following doctor’s orders.
Call a DUI lawyer immediately.
Remember everything you do or say all the way to the jail is probably being recorded in both audio and video formats.
And YOU HAVE BEEN
Field Evaluations. Generally, there is no benefit to taking field evaluations like the one leg stand, nine step walk and turn, alphabet, finger to nose evaluation, or the five finger dexterity test. Although an inference can be made from refusal to complete field evaluations, they are generally not favorable even for sober individuals.
The very young and athletic are generally the only individuals who successfully perform field evaluations and seven they may fail on occasion, in the opinion of the arresting officer.
Ask lots of Questions. Ask for an attorney immediately. Ask what happens if you do not take the field evaluations. Ask what happens if you blow under the legal limit. Ask if you should take an independent or additional test of your blood, breath or urine. Keep asking questions unless, of course, you are slurring your speech in which case you should keep your mouth shut!
Breath or Blood Test. There are reasons to take a test and reasons not to take a test. If you want to fight your Georgia DUI, for example, it is generally better not to take any tests unless you have had little or no drugs or alcohol. For those under 21 years of age and those with a second or greater DUI in five years, there is no benefit to taking any state test. For those who have consumed 1-3 12 oz beers, 1 ounce liquor drinks or 4 ounce glasses of wine, a test generally will be under the legal limit. If it is your first dui and losing your license is worse than a DUI conviction taking the test may be the best option.
Don’t take the eye test commonly referred to as the HGN test. It rarely helps you.