A Atlanta DUI arrest begins with a stop of some nature by a Atlanta Police officer. Keep in mind that you have constitutional rights. An APD Office cannot just initiate a traffic stop on your vehicle for a random or arbitrary reason. There needs to be what is called a reasonable and articulable suspicion that there is some wrongdoing. In effect, the Atlanta Police cannot just pull you over for any reason. There has to be a legitimate reason that you are being pulled over for you to be prosecuted.
Some legitimate reasons include:
- Failure to maintain lane;
- Following too closely;
- Aggressive driving;
- Weaving within a lane;
- Stop sign violation;
- Any form of reckless driving.
These offenses give the officer a basis to pull over the vehicle. Also, many cases also begin when there is an at fault accident. Causing an accident is also enough to initiate a DUI investigation.
Also, many arrests occur at a roadside checkpoint commonly called a DUI roadblock. However, the police cannot just implement a roadblock any time or any place. A roadblock is an exception to the 4th amendment of the United States Constitution. In fact, in 2010 the Atlanta Police Chief George Turner admitted to using unconstitutional roadblocks for general crime deterrence at a Gay, Lesbian and Transgender Community forum last week. An experienced Atlanta DUI Attorney will know how to challenge the legality of the roadblock that resulted in your arrest. We never assume that a roadside checkpoint was legally implemented.
is the standard necessary to arrest a person. The standard is whether there is sufficient evidence that a crime likely occurred. It is not evidence beyond a reasonable doubt, which is the standard to find a person guilty of a crime. Police officers are trained to look for some particular manifestations of DUI to establish probable cause to arrest,:
The odor of alcohol
An admission of drinking
Bloodshot, red, watery or glassy eyes
A flushed face
Difficulty retrieving wallet and/or license
A disheveled appearance
Slow to respond to questions
Confusion or difficulty following directions
Difficulty exiting the vehicle
Leaning against a car for support
Unsteadiness on feet
Swaying or trembling is commonly used to establish probable cause to arrest. These tests were created by the National Highway Safety Traffic Administration (NHTSA). To help police officers determine probable cause to arrest people suspected of DUI.
If you or someone you know has been arrested in Atlanta on a DUI Charge, contact The Howard Law Group ASAP. As A Former Prosecutor, we understand the process and can guide you through the Atlanta DUI process.