What if the officer asks to search my vehicle?
Do not consent to anyone searching your vehicle! Do not hand the officer your keys or unlock or open doors for the officer, as this will imply permission. Generally speaking, an officer requests permission to search your vehicle as he looks for weapons, illegal drugs or evidence of drinking, all things that could put you in jail if they are found. Politely state that your attorney has advised you not to consent to police searches.

What if the officer threatens to call for a warrant or drug sniffing dogs?
Again, refuse to consent to the search. You will be no better off by consenting to the search, and many times officers use these types of threats to convince you to consent.

What if the officer wants to search my person?
Do not consent to police searching your person! Do not open your jacket or pull out your pockets as these action may imply you have given consent to be searched. Georgia allows officers to pat an individual down (frisk) to make sure no weapons are present (for the safety of the officer). ‘Reasonable, articulable suspicion’ is the standard for officers justifying a pat down and can mean just about anything. Following the Guidelines for a traffic stop is the best way to avoid this type of search and gives you the best chance to challenge them in court.

What do I do if I'm arrested?
Remain cooperative and polite with the officer(s).  Do not resist, struggle or argue with the officers – keeping in mind that the entire encounter is probably being video taped.  Refuse to answer any questions the officer(s) have and do not engage in ‘polite conversation’ with them at anytime. Simply and politely state that you have been advised by your attorney not to speak with them without your attorney present. 

Do not speak to ANYONE about your case (police, friends, relatives, cell mates or staff) until you have met with your attorney (you never know who is listening).  Contact an attorney ASAP, either directly or through a close friend or relative.  Request a hearing to determine bail at the earliest possible time.

What happens to my vehicle?
Unless the police allow a passenger to take possession of your vehicle, it will be searched, towed and impounded. During a legitimate arrest, the police are allowed to search your person and your vehicle, whether you have consented or not.

What if I’m not read my (Miranda) rights?
Charges against you will not be dismissed because you were not read your rights. In some cases a judge (not the police or prosecutor) will refuse to admit evidence against you that was obtained without notifying you of your rights. The best course of action is to not answer any police questions or engage in communication about your arrest with anyone until you have spoken with your attorney. During the process of being arrested, processed and jailed there are eyes and ears everywhere.

What do I do now?
Find yourself a good attorney to handle your DUI. There is simply too much at risk to handle the situation yourself. Call 404-373-8000 and we will arrange for you to have a FREE consultation with one of our experienced DUI attorney’s. On our website www.TroyHendrickLaw.com we also have additional information to help you understand the charges against you, the potential outcomes and how you can fight the charges and protect your rights.

Do not wait!  Georgia will automatically revoke your license unless you take steps to protect it — AND THIS MUST BE DONE WITHIN 10 DAYS OF YOUR ARREST.  If your license has been suspended, we may be able to help you get a provisional license that will allow you to work and go to school.  Hendrick & Maloof is here to help you stay on the road, keep your record clean and protect your rights.

Return to top