Mr. Head’s “Driver’s Rights” Cards

For more than 12 years, the author has advocated the use of similar cards for persons being investigated or being accused of “drunk (or drugged) driving” (DUI / DWI / OUI / OWI / OMVI / DWAI / DUII). Unfortunately, a person trying to exercise his/her constitutional rights at a traffic stop where impaired driving is suspected has FEWER RIGHTS than a citizen who may be carrying $2 million in cocaine in the trunk of a rental car, and FAR FEWER RIGHTS than a citizen standing within his/her home. Furthermore, the “legal rights” contained in such cards varies from state to state. For example, in SOME states, a citizen is no longer permitted to “refuse” to have his blood, breath or urine tested when suspected of DUI/DWI---the police can now physically restrain or even inflict grievous bodily harm in order to get blood or urine from a suspect. In most states, however, the right to say “no” to testing for DUI/DWI suspects still exists, if you KNOW and EXERCISE your rights. For Georgia drivers, the following are the legal rights presently issued to Georgia-licensed drivers by the author when publishing and distributing his well-known “Driver’s Rights” Cards:

KNOW YOUR CONSTITUTIONAL RIGHTS & USE THEM

1. You have the right to REMAIN silent even before you are arrested. Anything you say or do (such as roadside sobriety evaluations) CAN and WILL BE USED AGAINST you.

2. You have a right to consult privately with an attorney, and if you request to exercise this valuable right, all interrogation must stop and no police officer can question you further. REMAIN silent. Call (404) 250-1113 collect, or toll free at 1-888-250-6404.

3. If you cannot afford a lawyer, once you are brought before a court official, a lawyer will represent you at no cost. Don't get impatient and talk to anyone else in jail or at court. © 2002 William C. Head

4. Assume that every word you speak--in a police station, police car, to a jail inmate or in a jail cell is being RECORDED. It probably is! REMAIN SILENT! Only talk with your attorney.

GENERAL INFORMATION FOR DRIVERS IN GEORGIA BEING INVESTIGATED FOR SUSPECTED IMPAIRED DRIVING CHARGES [BY ALCOHOL OR DRUGS]

1. Never answer ANY questions about consuming alcohol or drugs. Remain silent & immediately request an attorney's advice. If arrested, do not resist the officer and answer no questions concerning if, when, or where you may have been or what you drank. Do NOT consent to search of your vehicle.

2. Do NOT submit to ANY roadside sobriety or agility tests, especially a hand-held breath device. All field tests are voluntary and highly subjective, and are designed to incriminate you.

3. Politely ASK TO LEAVE the scene, by cab or on foot, without your keys (even if your car is towed away), if an arrest can be avoided by doing so. Never run from or try to elude police officers. Ask for permission to call a cab or a friend to come get you to avoid arrest.

4. Unless you can answer "TRUE" to ALL of the following questions, politely DECLINE any police test(s) of your blood, breath, or urine UNTIL AND UNLESS you first consult with a lawyer:

a. I am a Georgia license holder, 21 years or older; AND

b. I was not involved in an accident involving possible death or to serious injury to ANYBODY, even members of my family or passengers; AND

c. I was not driving a commercial truck; AND

d. No matter where I currently have a license to drive, I have had no prior drunk driving convictions or deferred pleas for DUI/DWI in ANY state within 5 years (from the former arrest date until now).

5. Only if you answered "TRUE" to ALL 4 sections, should you then submit to police testing & then demand BOTH a private (a) blood test at a hospital and (b) breath test (at a different police station). Pay for both tests, using your money, credit card, or ATM, etc.

© 2002 William C. Head