Top

DUI: I was stopped because a light was out

Question: I can't believe I got a DUI when I got pulled over for having a tail light out. The Forsyth County deputy pulled me over just because a light was out. When he pulled me over he smelled my breath and asked if I'd been drinking and I said yes because I didn't want to lie to a police officer. I said I just had a couple and he asked me to do some field sobriety tests for him, which I did. I thought I'd do fine but I stumbled.

He gave me a breath test on the side of the road and I took it. I don't know how well I did because the cop never told me. I think I may have passed it but then about 3 minutes later he arrested me for DUI.

He took me to jail and I took another breathalyzer test and I blew a .231. I couldn't believe I blew such a high number because I only had 4 drinks, although they were pretty big. I drank some Jager, tequila and vodka that night but I didn't feel drunk, only buzzed.

I think I was driving fine but that light was out so the cop nabbed me. Can I really get charged with a DUI when my driving was legal, but I just had a light out on my car?

R.J. in Cumming, GA

Answer: A police officer can stop a motorist for any legitimate reason. The police need probable cause to stop a car, and that probable cause can be many things. Typically it's an offense like speeding, failure to maintain lane or a stop sign or red light violation. But it can be a non-moving violation, like a tag light or brake light not working.

If a cop notices any infraction, no matter how small, he can initiate a traffic stop. From there, if he suspects that a driver is intoxicated on alcohol or drugs, he can try to test that driver. And if the cop believes that the driver is less safe because of the ingestion of drugs or alcohol, he can make an arrest for DUI.

So, to answer your question directly, you can wind up being charged with DUI even if your driving was perfect.

About Us

When you need the best Forsyth County DUI lawyer, we're here for you! If you've been arrested, you're stressed-out and you need help. Just call us at 678-215-4106.

When experience and knowledge really count, we're here for you. We've served as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney.

So when you need a superior defense team, William H. Sherman and Valerie W. Sherman should be your first choice!

Categories: 
Related Posts
  • Comprehensive Guide to Treating Alcoholism: On the Road to Recovery and Legal Implications Read More
  • How Can a Police Officer Tell if Someone’s Been Smoking Marijuana? A Comprehensive Look at Marijuana DUI in Georgia Read More
  • The One-Leg Stand Test for DUI: A Crucial Field Sobriety Test in Forsyth County, Georgia Read More
/

Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (678) 712-8561.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.