Can The Police Charge Me With DUI If They Did Not See Me Driving The Car?
In Georgia, law enforcement has a three-hour a look back period to determine whether the suspected person was driving, in order to charge that person with DUI. If they saw that you were driving your car within the last three hours and then you were at the scene of an accident, they may arrest you for DUI. If someone sends in a tip that they have seen someone else driving that they suspected was under the influence, even if law enforcement does not see them driving, they can still charge him with DUI.
The other situation that might come up is when you decide to sleep in your car. Your car does not have to be moving and it does not have to be running for the police to investigate you for DUI. A police officer can infer that you were in physical control of the vehicle and charge you with DUI.
Can A Breathalyzer Reading Ever Be Wrong?
Breathalyzer tests can be wrong for the multitude of different reasons. It can be wrong because it was not calibrated correctly. It could be wrong because the person who is tested has burped recently. Instead of testing blood alcohol, it would be testing alcohol that is in your mouth. Many people have seen or heard that if you use mouth wash, it would alter a breath test, which is true. If someone has heartburn, that could have an impact on the reading of the breath test. There are many things that will result in the alcohol reading being higher than it otherwise would be. If you have diabetes or other diseases, it could have a serious impact on your breath test results.
Will I Lose My License If It Is My First DUI Offense?
If you are convicted of DUI, the mandatory punishment is suspension of your driver’s license for a year. If it is your first offense, you will potentially be eligible for a limited driving permit after the conviction takes place. That would allow you to drive to work, to school, to meetings with probation officers, and to perform community service. In Georgia, there is hard license suspension for the first 120 days after you have been arrested. After that, you can apply for your driver’s license to be reinstated.
If The Officer Was Out Of His Jurisdiction, Does That Invalidate My DUI Arrest?
Normally, if a police officer is not in his jurisdiction and they notice you driving poorly, and suspect a DUI, the officer is going to make a traffic stop. He would call in a local police officer or sheriff’s deputy, who would come to take care of the investigation and make the arrest. It is infrequent that you will see a police officer out of his jurisdiction making an arrest. Under those circumstances, the officer would become a normal citizen and would be allowed to make a citizen’s arrest.
Do I Have To Answer The Police Officer’s Questions?
You do not have to answer questions from the police. My suggestion would be to not to answer questions. Be polite but don’t answer any of their questions.