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?

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!

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.

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.

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.

The HGN (Horizontal Gaze Nystagmus) test is often known as the “pen” or “light” test.  This is because the officer administering the test usually uses a pen or flashlight to perform the test.

Without moving your head, the officer will ask you to follow a “stimulus” (usually a pen, a flashlight, or his or her finger) with your eyes as it arcs further and further towards your periphery.  In administering the HGN test, the officer is looking for up to six (6) clues of a twitching or jerking of your eyeballs prior to 45 degrees.

REMEMBER: Nystagmus is generally defined as the involuntary movement of the eyeballs, and can be , but does not by definition have to be, a result of a high blood-alcohol content.

Though that is certainly the  conclusion that an officer administering the test would like to draw, there are many alternative and justifiable explanations for nystagmus that do not require any blood alcohol concentration at all.

For instance, one may suffer from Nystagmus due to a neurological disorder, inner ear problems, congenital disorders, or occupational or labrynthine irritability.  If you suffer from any medical conditions including but not limited to these (there are about 100 non-alcohol related conditions that might cause nystagmus) and the officer administering the HGN test does not inquire about them, and/or the test was not administered properly, the scientific weight and admissibility of these results may be attacked.

Because the stakes are higher, the penalties are higher.  Contact Horlick Law Firm immediately to discuss your case and to fight for your license and your rights!

If you’re facing your 4th (or subsequent) DUI in 10 years in Georgia, you face between $1000 and $5000 fine (plus court costs), and between 1 and 5 years of jail (of which at least 90 days must be served). You are also subject to at least 60 days of Community Service, the DUI Alcohol or Drug Use Risk Reduction Program, completion of a drug and alcohol clinical evaluation, and treatment if recommended, and 5 years probation (less any time you spent in jail).  Your vehicle is subject to forfeiture, as well.

In addition, you face a 5 year revocation of your driving privileges, license plate confiscation, potential ignition interlock, and depending on your particular case and the jurisdiction, other conditions as well. Only in certain instances will you be able to obtain a probationary license to drive after a certain period of time.  Because the stakes of a DUI conviction in Georgia are so high, especially if it is your second, third, or fourth (or more), you MUST contact an attorney in order to make sure your case is handled properly, your rights are protected, and you are not dragged around by the  courts.

As mentioned above and elsewhere on this site, the conditions and consequences of conviction for DUI are different if you are under 21 or convicted of DUI while driving a commercial vehicle.  As such, please contact Horlick Law Firm immediately to discuss the particularities of your case, and how best to proceed.