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By the time you need a DUI attorney in Marietta, you may have already hindered your defense. Today, many DUI/DWI stops are being recorded, and although scrambling to get your insurance information out of your glovebox or armrest may in fact be completely innocent, it can be presented in such a way as to make you look guilty in court. Many lawyers recommend that you should always assume that you are being recorded when you are stopped by the police. You should also comply with the officer and exit the vehicle if asked. The fewer actions performed that can be interpreted as indicative of guilt, the stronger a defense you can present in court. What You Should Do Although a field sobriety test can be refused, it may be interpreted as indicating guilt on your part. Additionally, it's important to keep in mind that Georgia has the Implied Consent Law. This means that if you refuse to take the chemical test (blood, urine, or breath test), your refusal can result in the impounding of your vehicle and having your license suspended for one year. Subsequent refusals of the chemical test can result in more severe penalties. Also, it's important that you remember that refusal to take the chemical test will generally be presented in court as evidence implying guilt on your part. Refusing a field sobriety test can be presented in a similar fashion, but there is no immediate impounding of your vehicle or suspension of your license for refusing the field sobriety test. That strictly applies to the chemical test. It might be a bit scary, but defending your rights and helping to present the strongest defense possible starts with you. If you're not accustomed to being stopped by the police, and you've never been arrested or been before a judge before, it certainly be an intimidating experience. However, it's always important to stay calm and cooperate with the officer. Complying with the officer's instructions can help to ensure that the stop is handled as smoothly and professionally as possible. You should definitely be cooperative, but this does not mean that you should ever admit guilt. What Your Attorney Can Do Although many people may commonly believe so, failing the chemical test does not automatically mean that you'll receive a severe sentence. An experienced, capable attorney can attack the handling, testing, administration, and other factors of the chemical test. Such testing isn't flawless, nor are the people processing or administering the test. Your attorney's job is to present the strongest defense possible for you, and field sobriety tests are even more flawed than the chemical test. A minor miscalculation on the officer's part, and your field sobriety test could be drastically misrepresentative. Staying calm is key, but so is having an excellent DUI attorney in Marietta. It's important to remember that not all attorneys have the same specialties or experience. If you want the best defense possible, you need to have the best attorney available. A DUI doesn't have to determine your future, and with a capable attorney and a properly constructed defense, it shouldn't. Yes, your actions are important, but you don't have to handle your case alone, and you shouldn't have to. A good attorney will be there every step of the way.
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