What Counts as Probable Cause for a DUI Stop in Georgia?

 Probable cause is a critical element in DUI stops in Georgia. Law enforcement must have reasonable grounds to suspect a driver is impaired before initiating a stop. This guide explores the specific factors that constitute probable cause, the rights of drivers during a DUI stop, and the legal implications of these stops. Willis Law Firm provides a comprehensive understanding to help protect your rights and navigate the DUI process.

2025 Atlanta's Best - Defense Law Firm

BadAss Attorney

Best Lawyers In America

10 Consecutive Years Selected to Super Lawyers

AVVO Client's Choice

Best Lawyers Best Law Firms

What is Probable Cause for a DUI Stop?

In Georgia, law enforcement officers must have probable cause to make a DUI stop. Probable cause means that an officer has reasonable belief, based on observable behavior or circumstances, that a driver may be under the influence of alcohol or drugs. Without probable cause, a stop could be considered unlawful, and evidence gathered during the stop may be inadmissible in court.

At Willis Law Firm, we believe it’s important to understand your rights when it comes to probable cause and DUI stops. If you believe that you were stopped without legitimate grounds, a skilled DUI defense attorney may be able to challenge the validity of the stop and the evidence gathered thereafter.

Signs That Police Use to Establish Probable Cause

Probable cause is established through specific signs or behaviors that law enforcement officers observe. These are the most common indicators that may lead to a DUI stop in Georgia:

• Erratic Driving Behavior: If a driver is swerving, drifting in and out of lanes, or showing signs of reckless driving, this may serve as probable cause for a stop. Officers are trained to identify these behaviors as signs of impaired driving, such as intoxication or drug use.
• Traffic Violations: Simple traffic violations such as running a red light, failing to signal, speeding, or not yielding at a stop sign can give police a reason to pull over a vehicle. While these violations on their own may not directly indicate impairment, they often serve as the first step in initiating a DUI investigation.
• Physical Signs of Impairment: Officers will also observe physical signs that may indicate impairment, such as the smell of alcohol, bloodshot eyes, or slurred speech. If a driver exhibits these signs during a traffic stop, it strengthens the officer’s case for probable cause.
• Reports from Other Drivers: In some cases, other drivers on the road may report suspicious or erratic driving. This information can lead an officer to stop a vehicle for a DUI investigation.
• Vehicle Accidents: In the event of an accident, especially if there is a suspicion that one of the drivers is intoxicated, law enforcement may have probable cause to perform a DUI investigation. Any signs of alcohol or drug use at the scene can heighten suspicion.

Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

The Role of Field Sobriety Tests in Establishing Probable Cause

Once a driver is pulled over, the officer will typically begin their DUI investigation by asking the driver to perform field sobriety tests (FSTs). These tests are used to help the officer determine whether there is evidence of impairment. Common field sobriety tests include:

• The Horizontal Gaze Nystagmus (HGN) Test: This test requires the driver to follow a moving object with their eyes. Officers look for involuntary jerking of the eye, which may indicate impairment.
• The Walk-and-Turn Test: The driver must take a series of steps in a straight line, turning at the end and walking back in the opposite direction. Difficulty completing the test can serve as an indicator of impairment.
• The One-Leg Stand Test: The driver is asked to stand on one leg for a set period of time. If the driver is unable to do so without swaying or putting their foot down, it may indicate impairment.

It’s important to note that while field sobriety tests are commonly used, drivers in Georgia can refuse to take these tests without facing immediate legal consequences. However, refusal to take field sobriety tests may still be used against you in court to argue that you were trying to avoid providing evidence of impairment.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Breath and Blood Tests: Implied Consent Laws in Georgia

Georgia follows implied consent laws, which means that by driving on public roads, drivers automatically consent to submit to a chemical test (either breath or blood) if they are arrested for a DUI. Refusing a breath or blood test after an arrest carries significant consequences:

• License Suspension: Refusing a breath test or blood test can result in an automatic suspension of your driver’s license for one year.
• Increased Penalties: In some cases, refusing to take the test may result in harsher penalties if convicted of DUI, including fines and extended license suspension.

A skilled DUI lawyer at Willis Law Firm can help you understand the nuances of implied consent laws and what to do if you find yourself arrested and facing these charges.

What Happens if Probable Cause is Not Established?

If law enforcement does not have probable cause to make a DUI stop, then the stop could be deemed illegal. This means that any evidence collected during the stop, including breathalyzer results or field sobriety test results, may be excluded from trial. If the police violate your rights by conducting an unlawful stop, your attorney may be able to file a motion to suppress the evidence in your case.

At Willis Law Firm, we thoroughly investigate the details surrounding each DUI case to determine whether there was sufficient probable cause for the stop and subsequent actions taken by the police. If we find that your rights were violated, we work diligently to challenge the evidence and fight for the best possible outcome in your case.

Related Videos

What Should You Do if You’re Stopped for DUI in Georgia?

If you find yourself stopped by law enforcement for a suspected DUI in Georgia, it’s important to remain calm and remember your rights:

• Stay Polite and Cooperative: You are required to provide your driver’s license, registration, and proof of insurance. It’s important to remain calm and cooperative during this process.
• Know Your Rights: You have the right to remain silent beyond providing your identification. You are not required to answer any questions regarding your alcohol consumption or whether you’ve been drinking.
• Field Sobriety Tests: You can refuse field sobriety tests, but keep in mind that refusing them may still be used as evidence in court.
• Chemical Tests: If you are arrested, you must submit to a breathalyzer or blood test under Georgia’s implied consent law, or face the consequences of refusal.

Featured Case Results

Challenging DUI Charges with the Help of Willis Law Firm

A DUI charge in Georgia can have severe consequences, but with the right legal defense, you have options. An experienced attorney from Willis Law Firm can examine every aspect of your DUI stop, field sobriety tests, and chemical tests to ensure that your rights were not violated. Our team is skilled at challenging DUI charges based on insufficient probable cause, improper test administration, and violations of your constitutional rights.

If you’re facing DUI charges in Georgia, don’t face it alone. Contact Willis Law Firm for a free consultation, and let us help you navigate this complex legal matter. We are dedicated to defending your rights and achieving the best possible outcome for your case.

To learn more about this subject click here: DWI vs DUI: Deciphering the Legal Jargon