DUI Stop – Field Sobriety Tests
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!
Read MoreGeorgia DUI – Per Se
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.
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Georgia Implied Consent
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…
Georgia DUI Resources & Facts
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.
- Do you “need” a lawyer to handle your DUI?
- DUI effects on Car Insurance
- What happens when you get stopped for Drunk Driving?
- How does a DUI conviction affect your record?
DUI – 10-Day Rule – License Suspension
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.
Read MoreGeorgia DUI – Under 21
If you are under 21 years old and charged with Driving Under the Influence (DUI) in Georgia, because of Georgia’s “Zero Tolerance” laws, you face a different level of penalty than drivers 21 and over.
While most of the conditions imposed on drivers convicted of DUI in Georgia are the same, there are stricter consequences on the driving privileges of those under 21, and (as discussed here) the levels of blood alcohol concentration required to prove DUI for drivers under age 21 is much lower than that for drivers 21 and over.
For instance, if you are convicted of Driving Under the Influence and under 21 years old, your driver’s license will be suspended for at least six (6) months (if any trace of alcohol is found in your system), and for one (1) year if your BAC (discussed more thoroughly here) is 0.08 grams or more.
It is imperative, then, that you know your rights when driving in Georgia, and if you are pulled over, so that you can also know the potential consequences of your decisions. Georgia is very strict on drivers under age 21 charged with driving under the influence, and it is in your best interest to speak to an attorney immediately about how best to fight your case.
Read MoreGeorgia DUI – “Less Safe”
In the State of Georgia, a driver can be charged with Driving Under the Influence (DUI) “Less Safe”, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was in actual 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.
Unlike the charge of DUI Per Se, which is based on a driver’s actual alcohol concentration or the presence of marijuana or controlled substances in the driver’s urine and/or blood, the State (as represented by the Solicitor or Assistant District Attorney) need not show the driver’s alcohol concentration to establish that he or she was a “Less Safe” driver.
To prove that a driver was Driving Under the Influence to the extent that it was less safe for him or her to do so, the State may attempt to establish impairment by the officers observations (as in, smelling an odor of alcohol or strange behavior), a driver’s admission to having consumed alcohol, erratic driving, conclusions regarding the results of any Field Sobriety Tests performed, the driver’s refusal to submit to field sobriety tests, and the officer’s resulting opinion that the driver was Driving Under the Influence to the extent that it was “less safe” to drive.
While the refusal to submit to Field Sobriety Tests and the Breathalyzer can be used against a driver charged with DUI in the State of Georgia, and there are consequences for such refusal (discussed more thoroughly here), it takes much more to establish beyond a reasonable doubt that a driver was DUI “Less Safe” than just proof of refusal.
Without the “science” of a Breathalyzer or blood or urine test result to establish a driver’s alcohol or drug concentration, the case is essentially based on the officer’s opinions, and establishing a charge of DUI “Less Safe” beyond a reasonable doubt can be quite difficult and often impossible for the State.
If you have been charged with Driving Under the Influence (DUI) Less Safe, contact Horlick Law Firm immediately for a free case evaluation and consultation.
Read MoreDUI – Under 21
Because of Georgia’s “Zero Tolerance” Laws, drivers under 21 charged with Driving Under the Influence (DUI), in violation of O.C.G.A. 40-6-391(k), face more stringent penalties than drivers of legal drinking age charged with DUI.
In order for the State to establish that a driver under the age of 21 is guilty of Driving Under the Influence, they must prove that he or she was under the age of 21, and drove or was in actual physical control of a moving vehicle, with an alcohol concentration of 0.02% (determined by breathalyzer, or blood or urine test) or more at any time within three (3) hours after driving, from alcohol consumed before such driving ended.
If you have been charged with Driving Under the Influence (DUI) and you are under 21, please contact Horlick Law Firm immediately for a free case evaluation and consultation. We will do all that the law allows to defend you and protect your rights, privileges, and future.
Read MoreDUI – Commercial Vehicle
If you have a Commercial Driver’s License (CDL) in the State of Georgia, and are charged with Driving Under the Influence while driving that commercial vehicle, in violation of O.C.G.A. 40-6-391(i), Georgia’s DUI laws are even more stringent than those regarding drivers of non-commercial vehicles.
In order to establish that you were DUI in a commercial vehicle, the State must prove beyond a reasonable doubt that you were driving, or in actual physical control, of a moving commercial motor vehicle, with an alcohol concentration of 0.04% or more.
The penalties for a conviction under this charge can be especially severe for your livelihood; if convicted, you are subject to disqualification of your Commercial Driver’s License (CDL) under the Uniform Commercial Driver’s License Act.
If you have been charged with DUI in a Commercial Vehicle, contact Horlick Law Firm immediately for a free case evaluation and consultation. Let us help you fight for your license, your job, and your rights!
Read MoreGeorgia DUI Penalties – 2nd
If you are convicted of Driving Under the Influence (DUI) for your second offense in ten (10) years, judged by the date of the incident, you face penalties and driver’s license consequences more severe than those facing a first DUI.
You still face misdemeanor penalties (up to $1000 fine and up to 12 months in jail), but your fine will be between $600 and $1000 (plus court costs, which could be 15-25% more), and you will be required to complete at least 30 days (240 hours) of Community Service. You face between 90 days and 12 months imprisonment, of which at least 72 hours (3 days) must be served.
You will be placed on probation for a the remainder, up to 12 months, less the time you spent in jail, and be required to complete a DUI Alcohol or DUI Drug Risk Reduction Program, and submit to a clinical evaluation for alcohol and drugs. If this evalution concludes that you would benefit from treatment, this treatment may also be made a condition of your sentence.
Also, you are subject to three (3) years of license suspension, and may be eligible for a limited driving permit after 12 months, if you have completed certain conditions and submit to an ignition interlock device. In addition, you face confiscation of your license plate, and some other collateral consequences that we will be happy to discuss with you.
Contact Horlick Law Firm immediately for a free case evaluation and consultation if you have been charged with Driving Under the Influence in Georgia. The laws are tricky, and there are many ins and outs that only a skilled lawyer can help you navigate.
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