The processing phase of a Georgia DUI suspect is crucial for a police officer's investigation. Prosecutors will use evidence from the processing phase to try to convict an offender. But sometimes, police officers make mistakes and those mistakes can have a significant effect on your DUI case. A. Bishop Law can help determine whether the arresting officer followed the proper procedures for your processing and if it will affect your case.
The Processing Phase of the DUI Arrest is a crucial stage between the arrest and the trial of a DUI offender. Most of the information introduced at trial against a defendant is taken from the processing phase of the arrest. It is very important for the police officer to follow the correct procedures and abide by the rules during processing. But sometimes, they make mistakes”some more serious than others.
According to the National Highway Traffic Safety Administration, the following are some examples of things that the officer may do during the Processing Phase of the DUI Arrest. Compare these with what happened during your processing and if you believe there was an error on the part of the police officer, you may want to consult with a Georgia DUI Lawyer.
- Inform the offender that they are under arrest.
- Pat-down or frisk the offender.
- Handcuff the offender.
- Advise offender of rights and obligations under the Implied Consent Law.
- Secure the offender in the patrol vehicle.
- Secure the offender’s vehicle, passengers, and/or property.
- Transport the offender to an appropriate facility.
- Administer the evidential chemical test(s), such as the blood, breath, or urine tests.
- Perform requested, additional independent testing, if applicable.
- Advise offender of Constitutional Rights (Miranda Rights), if applicable. (Most DUI arrests do not require the reading of Miranda rights.)
- Interview the offender, if applicable. (Most DUI arrests do not require an interview.)
- Incarcerate or release the DUI offender.
- Complete the required DUI reports.
Processing is a very detailed task and requires the police officer to take all of information obtained during the investigation and to assemble and organize it to ensure that the evidence will be available for use in court. The processing stage includes obtaining additional evidence, such as a scientific chemical test or tests of the arrestee’s breath, blood, urine, etc.
Remember, the police officer does not know you, so they have no idea if you pose a danger to them. Besides wanting to conduct a thorough and efficient investigation, the police officer asks you to do things a certain way to ensure his or her own safety. It is in your best interests to fully cooperate with the police officers at all times of an investigation and processing. The police officer may require you to undergo certain tasks, but no matter how much is requested of you, it is wise to comply with the officer’s requests. However, if you believe there was error in your processing, contact a Georgia DUI Attorney immediately. If the police officer deviated significantly from the rules and procedures, then that may affect the outcome of your DUI case.
At A. Bishop Law, our Georgia DUI Lawyer understands the importance of appealing the Notice of Intent to Suspend and the impact it can have on the Georgia DUI Criminal Defense case.
About the attorney: Anne Bishop is a Georgia Lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.