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 Penalties – 1st
Posted by Robert Horlick in 1st DUI, DUI Consequences on 04. Dec, 2009 | 0 Comments
The State of Georgia looks at DUIs in two ways: they look at how many DUIs one may have in his or her lifetime, and they look back ten (10) years, in order to determine the appropriate penalty ranges.
Driving Under the Influence is a misdemeanor in the State of Georgia (unless it is your fourth or subsequent offense within 10 years), which means that it is punishable by up to twelve (12) months imprisonment and up to $1000 fine. There are also additional conditions that may be imposed, and license implications for any conviction.
If you are 21 or over and convicted of DUI in Georgia, for your first offense in 10 years, you will be placed on 12 months probation and required to pay a fine between the amounts of $300 and $1000 (and court costs, which could be 15-25% more), as well as complete at least 20 hours of Community Service (if your BAC was less than 0.08%) and at least 40 hours of Community Service in all other scenarios.
Additionally, you will be required to participate in a DUI Alcohol or Drug Use Risk Reduction Program, and depending on the county or municpality of conviction, you may be asked to participate in additional programs such as a Mothers Against Drunk Driving Impact Panel.
State law mandates that your sentence include between 10 days and 12 months of imprisonment as well, with a minimum of 24 hours to be served.
You also face up to one (1) year of driver’s license suspension, but in many situations there are limited permits available for driving to and from work and school, and the potential for early reinstatement of your license upon completion of certain conditions.
Contact Horlick Law Firm immediately for a free case evaluation and consultation. We can help you navigate through this stressful and confusing process. Let Horlick Law Firm fight to keep your license and keep you out of jail!
BAC – Breathalyzer
Posted by Robert Horlick in Blood Alcohol Content (BAC), Breathalyzer, DUI Tests on 04. Dec, 2009 | 0 Comments
Breathalyzer DUI Blood Alchohol Test
The Breathalyzer is the most commonly used device for determining one’s Blood Alcohol Content (BAC) from a breath sample. The Breathalyzer test is usually administered after one is arrested and charged with Driving Under the Influence (DUI), at the jail or police station. If you are licensed to drive in the State of Georgia, you impliedly consent to a chemical test of your blood, breath or urine at the request of a police officer. Refusal to submit to these tests can subject you to an administrative prosecution and a minimum of one (1) year suspension of your license.
The machine currently used in Georgia to administer these chemical tests is the Intoxilyzer 5000. This is a big typewriter-size machine in the jail or police station in which breath samples are taken from a subject, analyzed, and one’s BAC (Blood Alcohol Content) is calculated in grams. While the Breathalyzer, when properly calibrated and administered, can provide a fairly accurate indication of one’s blood alcohol content, it far from perfect. There are numerous design flaws inherent in the machine, and many physical and environmental factors and conditions (such as acid reflux, mints, gum, and mouthwash) can affect the reading.
One-Legged Stand
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests, One-Legged Stand on 03. Dec, 2009 | 0 Comments
Though the One-Legged Stand is one of the three Field Sobriety Tests (FSTs) approved in the State of Georgia, it’s results are subjective, and there are many reasons why one might not be able to perform this test to an officer’s satisfaction that have NO RELATION to whether or not that driver was impaired or under the influence of alcohol.
The One-Legged Stand field sobriety test is, like the Walk and Turn, not scientific. It is an opportunity for the officer to observe not only your physical dexterity, but your ability to pay attention to and follow directions. The results are subjective, and, like any and all Field Sobriety Tests (FSTs), you DO NOT have to participate.
Procedure:
The officer will ask you to stand in one place and hold one foot six (6) inches above the ground. While you are holding this foot off the ground, the officer will ask you to count out loud, “in thousands,” until you are told to stop. The officer will tell you that you must keep your eyes on your feet, your arms at your side, and your toes straight while you perform this test.
Clues:
When administering this test, the officer is looking for four (4) clues. He or she is looking to see if you use your arms to stay balanced, if you sway or hop while trying to balance, and if you put your foot down before the officer tells you the test is over. In Georgia, meeting at least two (2) of these criteria can justify an arrest for Driving Under the Influence.
Remember: The officer likely already suspects you of Driving Under the Influence (DUI), and is just looking for more evidence to stack against you. The officer’s initial suspicions may very well affect his or her opinions on whether you performed this test adequately.
Remember, too, that this test is never performed in a vacuum. It must be performed under optimal conditions (the best being a hard, dry, level, unobstructed surface), and essentially expects people of all ages, physical and pre-existing conditions, to perform and be subject to the officer’s unchanging set of standards.
It may be unreasonable to expect a 65-year old man with arthritis to perform as well as a 22-year old ballerina, and the results can be surprising, but nonetheless, the criteria remain the same. As such, the officer’s conclusions are always subject to attack and interpretation by a skilled defense attorney.
PBT – Preliminary Breath Test
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests, PBT (Preliminary Breath Test) on 03. Dec, 2009 | 0 Comments
If you are in an accident or stopped for a traffic violation and suspected of driving under the influence (DUI), an officer will likely ask you to submit to a number of Field Sobriety Tests (FSTs), including the PBT, a Preliminary Breath Test. The PBT is one of the three (3) Field Sobriety Tests approved in the State of Georgia (which also include the HGN – Horizontal Gaze Nystagmus – and the One-Legged Stand).
Like all Field Sobriety Tests (FSTs), this test is voluntary, and you do not have to submit to it. Additionally, even if you do and the results indicate a presence of alcohol on your breath, there are many alternative explanations for these results that can create a reasonable doubt that the driver was actually under the influence of alcohol.
Many people think that the PBT is same as the “Breathalyzer,” and while it is similar in idea and form, it is much different. While the Breathalyzer may be administered roadside, it is most often administered after arrest at the police station. The PBT, however, is administered roadside, and is used to determine whether or not there is a presence of alcohol in a driver’s breath.
The PBT is often called an alco-sensor, and is used to determine probable cause for arrest for DUI. The Breathalyzer, however, is used to determine one’s Blood Alcohol Content (BAC). Though the PBT indicates an estimated BAC, this value is not admissible in court. The PBT is only admissible to show the presence, or non-presence, of alcohol in one’s breath.
REMEMBER: The PBT is notoriously unreliable, as many factors can cause it to incorrectly indicate positively for alcohol — including acid reflux, and certain tobacco, mouthwash, or mints. Mere indication of the presence of alcohol on one’s breath, without more, is insufficient to establish that one was driving under the influence (DUI) beyond a reasonable doubt.
