Remaining silent is the ONLY answer to a GEORGIA DUI investigation

Once a driver is pulled over, answering an officer’s questions or making admissions to drinking a certain number of drinks can virtually assurance a conviction for many drivers who merely smell of alcohol. Drinking and driving for persons age 21 and over is NOT a crime in Georgia, unless the driver is “too impaired to drive.” These admissions to being “too drunk to drive” can even come during court proceedings, if the DUI lawyer is foolhardy enough to put the client on the witness stand. The Georgia Court of Appeals upheld a trial judge’s ruling that the DUI defense lawyer’s request for a jury instruction stating that a possible defense to DUI is that the accused’s “manner of driving was not unsafe” where the defendant admitted that he was too drunk to remember what happened that led to the arrest for DUI. Cunningham v. State, 221 Ga. App. 341, 471 S.E.2d 273 (1996).

Other than your name and address, which are contained on your driver’s license in almost all cases, NO OTHER information, questions or answers are required from a driver suspected of DUI in GA.

Copyright 2015. William C. Head. All Rights Reserved.