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Cumming GA DUI Traffic Stops

Get the essential guide on Cumming GA DUI Traffic Stops. Learn what to expect, your legal rights, and how The Waltman Firm can assist you.

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Have You Been Stopped for a DUI in Georgia?

You could be stopped for a potential DUI arrest in Cumming, GA, if you drive in a manner that suggests you are under the influence of alcohol or drugs. You could also be stopped at one of the various sobriety checkpoints around Forsyth County.

If you’re confronted with a potential DUI arrest in Cumming, GA, being informed about your rights and responsibilities during a DUI traffic stop is crucial. This guide aims to illuminate the processes, your rights, and the ramifications of a DUI conviction. For legal guidance and representation, contact The Waltman Firm if you are charged with a DUI.

What to Expect During a DUI Traffic Stop

You can expect to go through the following processes during a DUI stop by law enforcement in Georgia.

Initial Stop and Questioning

Upon being stopped in Cumming, a police officer, often from the Cumming Police Department, will engage you in conversation to assess if there are signs of intoxication. This may involve observing physical cues such as enlarged eyes, slurred speech, or the smell of alcohol. Questions about your whereabouts and an ID check, like your driver’s license, may also occur. You will be allowed to proceed if no signs of intoxication are evident.

Sobriety Tests

If your initial questioning raises reasonable suspicion or concerns about intoxication, the police will ask you to pull over to the side and ask you if you are willing to take sobriety tests. If you say yes, various field sobriety tests will be administered. While you can decline these tests, cooperation is a crucial factor. If the police lack probable cause for arrest, you may be released; otherwise, an arrest may follow.

Field Sobriety Tests (FSTs)

  • These tests include exercises like counting backward, picking up objects, and roadside breath tests. Three standardized FSTs that are common in Georgia include:
    • The One-Leg Stand Test: You must stand on one leg while counting to a certain number or until you are asked to stop.
    • The Horizontal Gaze Nystagmus Test: Here, you will be asked to follow the motion of a small object being held by the police officer with only your eyes.
    • The Walk and Turn Test: Here, you will be required to walk nine steps, turn around on one foot, and walk another nine steps.
  • Breathalyzer Test
  • A breathalyzer test is a chemical test administered after arrest. Georgia’s implied consent laws mean refusing this test results in automatic license suspension. As such, you may have to oblige.
  • This test is the main piece of evidence used to ascertain that your blood alcohol content is above the legal limit of 0.08%. It is best to contact your DUI lawyer once you are arrested while reserving your right to remain silent to avoid self-incriminating.

Your Rights and Responsibilities at a DUI Stop

The Forsyth County Sheriff’s Office’s DUI task force is charged with keeping the highway safe and fishing out DUI offenders. However, you do not need to feel intimidated if you run into DUI roadblocks or are pulled over while driving.

You can exercise the following constitutional rights. The right:

  • Not to be unreasonably detained.
  • To refuse field sobriety testing.
  • To remain silent after arrest.
  • To contact an attorney post-arrest.
  • To refuse a search of your vehicle.

Your responsibilities include:

  • Not making a suspicious or reckless attempt to avoid a nearby DUI checkpoint.
  • Pulling over when directed.
  • Being polite in conversing with the police officers. Otherwise, it may give probable cause for an arrest.

In case of an arrest, non-resistance is advised, and legal counsel should be sought immediately.

Although the Georgia Supreme Court has ruled that DUI checkpoints do not inherently violate the Fourth Amendment rights of citizens and Georgia search and seizure laws, there are criteria the roadside checkpoints must meet to be legal.

Consulting your lawyer can determine the legality of a checkpoint, potentially influencing your DUI case. Also, if any of your properties were seized and confiscated in the process, a civil asset forfeiture attorney in Marietta, GA, may be able to help you recover them.

Legal Consequences of DUI in Cumming, GA

According to the Georgia code, the penalties for a Georgia DUI include imprisonment, fines, community service, and compulsory attendance of a DUI Alcohol program.

Additional consequences may include probation, clinical mental evaluations, and the potential loss of civil rights for felony DUIs. This is in addition to the DUI conviction appearing on your public criminal record, potentially affecting your chances of employment, insurance rates, and several other aspects of your life.

Penalties and Fines

Georgia DUI law provides that a first or second DUI is a misdemeanor offense. A first DUI attracts a fine of not less than $300 and not more than $1,000 and a prison sentence of anywhere from ten days to 12 months. A second one attracts a fine of between $600 and $1,000. It also carries a prison sentence of a minimum of 90 days and a maximum of 12 months. In the case of a second DUI, the offender must serve a minimum of 72 hours of actual incarceration;

A third DUI is a high and aggravated misdemeanor. It attracts a fine of between $1,000 and $5,000 and imprisonment for at least 120 days and not more than 12 months. The offender must serve a minimum of 15 days of actual incarceration.

When a DUI is committed for the fourth or subsequent time in the space of 10 years, it becomes a felony. It is punished with a fine of between $1,000 and $5,000 and imprisonment for not less than a year but not more than five years. The judge may probate part of the sentence, but the offender must serve at least 90 days in jail.

Navigate Your DUI Case With The Waltman Firm’s Assistance

If you or your loved one needs DUI defense in Cumming, Georgia, look no further than The Waltman Firm. With a successful track record handling various DUI cases, including felony drug cases, our focus on superior criminal defense sets us apart. We have experience representing clients in various courts, from the Cumming Municipal Court to state and superior courts. Our process is entirely transparent, and we deal with all our clients honestly, making us easily stand out from other law firms.

Contact our DUI lawyers today and find out how we can help you.