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!

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.

The three (3) Implied Consent warnings in Georgia refer to Drivers Over 21, Drivers Under 21, and Commercial Driver’s License holders.  After a driver has been arrested for Driving Under the Influence (DUI), the officer will read him or her an Implied Consent warning from an orange card.

By the time the implied consent warnings are read to many people charged with DUI, they are already under arrest. Many feel that they have already submitted to all the Field Sobriety Tests and questioning that the officer has asked of them, and have still been arrested, so “why should they comply with the officer’s request any more?”

While this is an understandable position, and drivers licensed in the State of Georgia do have the right to refuse this testing, they should be aware of the consequences of doing so.  This is what the reading of the Implied Consent notice is meant to accomplish.

Drivers must be aware that, as unfair as it may seem, if they refuse to submit to such chemical testing after the proper Implied Consent warning has been read, the law imposes some harsh consequences.  If a driver refuses such chemical testing, he or she will be face an administrative license suspension, separate from his or her criminal proceeding, and face a mandatory suspension of driving privileges for at least one (1) year as a result. In many cases, you have ONLY 10 DAYS to respond and request this hearing, or your license will be automatically suspended!

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.

• Georgia DUI Resources and Statutes

• DUI Law Terms and Definitions

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?

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.

If you are convicted of Driving Under the Influence (DUI) for drugs or alcohol in any municipality or county in the State of Georgia, depending on the facts and circumstances of your particular case, you face a suspension of your driver’s license for as little as six (6) months and as as much as five (5) years.

If your Blood Alcohol Content (BAC) is at or above the legal limit (as defined by your age or driving class), or you refuse to submit to the state-requested chemical testing, you also face the administrative suspension of your driver’s license for at least one (1) year.  The arresting officer will submit a petition for suspension to the Department of Public Safety, and if you do not request a hearing within 10 days, your license will be automatically, administratively suspended after 30 days.

This suspension is separate and distinct from the suspension you face upon conviction in the criminal court for DUI, and only in certain instances can you receive credit for the time you may be suspended administratively when it comes to the suspension you face  criminally.

In some circumstances, you may be eligible for a limited work permit, and/or early reinstatement of your license, but in others you are not.  DUI law in Georgia is complicated, and the consequences depend on your age, the class of your license, the specific circumstances of your case, and your criminal history.

Please refer to the other sections of this website for a more thorough explanation of the laws and potential penalties for DUI conviction in the state of Georgia, as they vary based on your particular situation.

You may have no criminal history at all.  You may have a prior DUI. You may be charged with DUI and be under the age of 21.  You may have a Commercial Drivers License.  You may have submitted to the state-requested chemical testing.  You may not have.  You may have been charged with DUI while a child aged 14 or under was in the vehicle.  You may be on probation.   No two scenarious are alike.

Horlick Law Firm can address all of your concerns, answer all of your questions, and help you through this stressful process.  In order to know exactly what consequences you face, and what any potential defenses and penalties are, contact Horlick Law Firm immediately for a free case evaluation and consultation.

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.

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.

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.

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!

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.