Getting pulled over by the police can be stressful — but knowing your rights can help you stay calm and protect yourself. Here’s Georgia’s ultimate guide to what you should do and say if you’re stopped by law enforcement.
Stay Calm and Know Your Rights
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Stay Calm and Be Informed
You don’t have to answer any questions beyond identifying yourself and providing your driver’s license, registration, and proof of insurance. You are not obligated to explain where you’re coming from or what you’ve been doing. If asked to step out of the car, you must comply — but beyond that, you have the right to remain silent.
“I’m sorry, I won’t answer any questions.” -
Refusing a Search
You do not have to consent to a search of your vehicle. If an officer asks, politely decline. Without probable cause or a warrant, they cannot legally search your car. Be sure to close your car door when stepping out to avoid an unnecessary search.
“I do not consent to a search.” -
Drug Dogs and Prolonged Detention
Once officers complete the purpose of the stop, they’re supposed to let you leave — but they often won’t say so, and may use tactics to keep snooping. One common example is calling for a drug-sniffing dog: they can request one, but they cannot detain you indefinitely while waiting for it.
Ask plainly, at any time: “Am I free to leave?” If they say no, you’re still being detained. If they say yes — leave. Another common trick is to answer “Yes… but I wanted to ask a few more questions, if that’s okay?” and then keep you talking. Your answer:
“I’m sorry, I won’t answer any questions. Unless I’m still being detained, I’m leaving.”Remember — always be polite and clear.
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Breathalyzer and Blood Tests
If you’re suspected of DUI, you may be asked to take a breathalyzer. Under Georgia’s Implied Consent Law O.C.G.A. § 40-5-55, you can refuse it — but that can result in a driver’s license suspension. While refusal carries consequences, it may be preferable to handing over evidence that could be used against you. For a blood test, you can legally refuse unless officers have a warrant.
The Golden Rule of a Traffic Stop
Stay calm, keep your hands visible, and be polite but firm. You can decline to answer questions and decline a search without being rude — and you never have to talk your way into trouble. When in doubt, say less and ask for a lawyer.
Get Legal Protection With Experienced Counsel
Knowing your rights is crucial — but if you find yourself facing criminal charges, experienced legal counsel can make a world of difference.
Kait Hayden
Kait is a seasoned trial lawyer defending clients in DUI and criminal cases. Her background with organizations like the Georgia Capital Defenders and the Georgia Innocence Project makes her an excellent choice to help you navigate Georgia’s criminal justice system.
Want More Tips?
This guide is based on an insightful conversation between Tristan Morrison, Founding Partner of Morrison & Hughes, and Kait Hayden, Criminal Defense Partner. For more expert advice on handling a traffic stop and understanding your rights, watch the full video above for in-depth insights on how to protect yourself. You can also learn more about our criminal defense team and the criminal defense services we offer across Georgia.
Take Action Today
At Morrison & Hughes, we’re committed to serving the Georgia community with exceptional legal defense. If you or a loved one is facing criminal charges, contact us today for a free consultation — and ask about our flexible payment options, so cost never stands between you and a strong defense.
Charged After a Traffic Stop? Talk to Us First.
Before you say anything more to law enforcement, get a free, confidential case review from a trial-tested criminal defense team.
Call 404-LAW-TEAM or contact us online to schedule your free, confidential consultation.
