DUI Stop – Field Sobriety Tests
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests on 07. Dec, 2009 | 0 Comments
Whether or not someone has been drinking, if they are pulled over, in an accident, or stopped at a road block, and suspected of driving under the influence, the police officer WILL almost always ask them to submit to a variety of Field Sobriety Tests (FSTs). These tests are given to test the officer’s suspicions, to “build up” probable cause for a DUI arrest.
You DO NOT have to submit to these tests.
These Field Sobriety Tests have varying degrees of scientific weight, and are mostly gauged subjectively – based on the officer’s “observations.” Remember, if you have been asked to submit to FSTs, the officer probably already suspects you of DUI and is just looking for more probable cause for arrest. And it doesn’t take much…
You may think that you can “pass” these tests and be on your way, but that is rarely the case. On each test, the officer is looking for a minimum number of clues to suggest that you are Driving Under the Influence, and whether or not you’ve been drinking, and however well you think you’ve done on these tests, you may be providing the officer with the “clues” needed for arrest. REMEMBER: You DO NOT have to submit to these tests.
Though there may be legal consequences and license implications for your refusal to submit to Field Sobriety Tests, it is still your right to refuse them, and without results from these tests, it can be difficult and often impossible for the State to convict you of Driving Under the Influence (DUI).
The most commonly administered roadside Field Sobriety Tests (FSTs) include:
- PBT (Preliminary Breath Test)
- HGN (Horizontal Gaze Nystagmus)
- Walk and Turn
- One-Legged Stand
While the tests described above are the most common Field Sobriety Tests a driver might encounter when stopped and suspected by the police of DUI, other tests and lines of questioning may be used.
Contact the experienced Horlick Law Firm to discuss the specifics of your case today!
Georgia DUI – Per Se
Posted by Robert Horlick in DUI "Per Se", GA DUI Law on 06. Dec, 2009 | 0 Comments
Breathalyzer DUI Blood Alchohol Test
In the State of Georgia, a driver aged 21 and over can be charged with Driving Under the Influence (DUI) Per Se, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was driving or in actual physical control of a moving vehicle, with an alcohol concentration of 0.08 grams or more at ANY time within three (3) hours after driving from alcohol consumed before such driving ended.
A driver may also be charged with Driving Under the Influence Per Se, in violation of O.C.G.A. 40-6-391, if he or she drives or is in physical control of a moving vehicle while there is any amount of marijuana or a controlled substance in the driver’s blood and/or urine. This is regardless of whether or not alcohol is present in the driver’s blood or breath.
Unlike the charge of Driving Under the Influence (DUI) “Less Safe” in Georgia, which only requires that one drive or be in physical control of a moving vehicle while under the influence of alcohol or drugs, to the extent that it was “less safe” for that person to drive — a charge based largely on the opinion of the arresting officer – the charge of Driving Under the Influence Per Se is rooted in the scientific results of a Breathalyzer test, and/or the results of a blood or urine test that indicate the presence of alcohol or other controlled substances.
Georgia’s DUI Laws are different and understandably more stringent for drivers of commercial vehicles and drivers under the age of 21. Those differences are discussed here and here.
If you have been charged with a DUI in Georgia, contact Horlick Law Firm immediately for a free case evaluation and consultation.
Georgia Implied Consent
Posted by Robert Horlick in DUI Tests, GA DUI Law, Implied Consent on 06. Dec, 2009 | 0 Comments
In Georgia, anyone licensed to drive in the state has impliedly consented to some form of chemical testing of their breath, blood or urine if suspected of Driving Under the Influence (DUI). There are three types of Implied Consent notices officers may read in the State of Georgia… (more…)
Georgia DUI Resources & Facts
Posted by Robert Horlick in Georgia DUI Facts, Resources on 06. Dec, 2009 | 0 Comments
Hopefully this website has provided you some clear information and understanding of the laws regarding Driving Under the Influence and the penalties for violating these laws, as they relate to you, your license, and your livelihood. Because a website is no substitute, and should never be, for the informed advice of an attorney, if you have any questions at all about your case, please contact Horlick Law Firm immediately to discuss it with a skilled attorney.
If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.
Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record. While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.
Georgia DUI – 10-Day Rule – License Suspension
Posted by Robert Horlick in DUI License Suspension on 06. Dec, 2009 | 0 Comments
If you are charged with a DUI in Georgia, you face criminal penalties and license suspension, and you may only have days to act or you will lose your license -automatically. Contact a lawyer immediately to discuss your case and your options. (more…)
