What Are The Top Misconceptions That People Have About DUI Cases?
Many people believe that once there is an accident, the police are going to get out and start a DUI investigation automatically. I don’t think that they are going to assume that there is alcohol involved unless they have some reason to do that. Police are always going to ask people questions about what happened. During that time, they will be looking at the driver, observing, listening to what they are saying, and how they are talking. If they are slurring their words or their breath smells of alcohol, then the police will transition into a DUI investigation.
What Evidence Do Police Look For At The Scene Of A Drunk Driving Accident?
At the scene of an accident, the police are going to be looking at forensic evidence. They are going to be looking for skid marks or anything that might indicate that someone was driving erratically. They will look for signs of intoxication, whether the person is visibly under the influence of alcohol, sound like they are under the influence of the alcohol, or smell like they are under the influence of alcohol. They are also be looking for empty liquor bottles or whether there is an alcoholic beverage in a vehicle
Is The Driver At The Scene Of A Drunk Driving Accident Arrested Immediately Or Do They Perform The Field Sobriety Tests First?
Generally, at the scene of an accident, an arrest is not immediately made. The police officer will start the investigation and determine whether there is any probable cause to make an arrest. Once they decide that they have enough probable cause to make a DUI arrest, then they would make the arrest.
Does A Driver Have The Option Of Choosing A Breath Or Blood Test In a Drunk Driving Accident?
In Georgia, you do not have to submit to a breath or blood test. Recently, there was a change in the law so that state cannot use your refusal for the breath test against you in court. However, the law has not changed with regard to blood tests. This has led to police officers specifically requesting blood tests in suspected DUI cases.
Are Blood Tests Automatically Given If The Driver Is Unconscious?
If you are unconscious, the police will request a warrant from a judge to secure a blood sample from you. They would still have to present their probable cause to the judge and the judge would have to sign a warrant to take that blood test.