Experience has shown that many DUI arrests result from the police stopping a car for reasons that have nothing to do with driving under the influence. For instance, many DUI arrests in Georgia result from an investigation following an officer stopping a vehicle for speeding, failing to use a signal, or similar rather innocuous but justifiable reasons for the detention.
“Bad” driving is not an element of a DUI charge, although it usually is expected that some driving errors will occur if a person is under the influence of alcohol. In practice, police officers patrolling late at night in search of DUI drivers will stop a vehicle for the most minor traffic infraction as a way to determine whether this particular driver has been drinking. The same traffic infraction likely would result in no police action if it occurred in the middle of the day. Officers have many tools under the law in their quest to apprehend the drinking driver and investigate that person as a possible DUI. Being distracted by a telephone call or sending or receiving texts (by the way, texting is now illegal in Georgia since July 1, 2010) can lead to accidents or cause suspicion that you may be driving under the influence. Your best bet is to try not to use your cell phone while you are driving or if you just have to, use a hands-free or bluetooth device. Do not give police a reason to suspect you are a unsafe driver!
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