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!
Your Rights When Stopped For DUI in Georgia
Posted by Robert Horlick in GA DUI Law, Your Rights When Stopped on 07. Dec, 2009 | 0 Comments
If your vehicle is stopped by a police officer in Georgia, it is because he or she suspects you of having violated the law. This means that from the second you are stopped, and often before, you are under suspicion for criminal activity.
As the blue lights flash and you pull your vehicle off to the side of the road, remember, this is not a casual police-citizen encounter. This is not just a friendly chat. The officer has pulled you over. He already has his or her suspicions, and may already have what he or she believes to be probable cause to ticket or arrest you for the violation they allegedly observed. But they are always looking for more.
As a licensed driver in Georgia, you must know your rights and keep this in mind when speaking with the police. Whether or not you have violated the law, the police are always looking for clues that you might have. Be polite, and be respectful, but remember:
You are under no obligation to give them more fuel for the fire. Especially in cases where a driver is suspected of Driving Under the Influence (DUI), the officer looks to the driver to make his or her job easier, to make admissions or establish probable cause for arrest (that he or she may not have independently observed) in a number of ways.
REMEMBER:
You have the right against self-incrimination.
You have the right to remain silent.
Anything you say or do can and will be used against you.
Even before your rights are read to you, it is your duty as a conscientious citizen and driver in the State of Georgia to be aware of them.
If you are suspected of Driving Under the Influence, it is crucial that you keep this advice in mind.
It is the officer’s job to establish probable cause for arrest, NOT YOURS.
Though there are consequences for refusing certain tests (discussed more thoroughly here), there may also be consequences for performing them. It is your choice to make, and your choice should be an informed one.
If you have any questions about this, or your case specifically, please contact Horlick Law Firm immediately for a free case evaluation and consultation.
About Horlick Law Firm: Zealous Advocacy and Experienced DUI and Criminal Defense throughout Georgia
Posted by Robert Horlick in GA DUI Law on 07. Dec, 2009 | 1 Comment
Welcome to http://atlantaduiattorneygeorgia.com, the online presence of Atlanta DUI and Criminal Defense firm Horlick Law Firm. Atlanta DUI Attorney Robert S. Horlick provides vigorous and experienced representation throughout Georgia to clients charged with DUI and all criminal matters. If you are facing any criminal charge or probation matter, contact Horlick Law Firm immediately to discuss your case. And if you are charged with DUI, your clock may be ticking fast — in many circumstances you only have 10 days from the date of your arrest to request a hearing or else your license will be suspended.
Atlanta DUI and Criminal Defense Attorney Robert S. Horlick of Horlick Law Firm has represented thousands of clients charged with crimes ranging from traffic offenses to DUI to all misdemeanors and felonies in the trial process in Atlanta, all surrounding areas, and throughout Georgia. He works diligently and consistently for his clients, and provides zealous advocacy for all. At Horlick Law Firm, you are not just a number. Your rights and your livelihood deserve protection by someone with compassion and experience.
Probable Cause for Georgia DUI Arrest?
Posted by Horlick Law Firm in GA DUI Law, Probable Cause on 07. Dec, 2009 | 0 Comments
What is Probable Cause?
Probable Cause is the reasonable belief that one has committed a crime.
REMEMBER: probable cause is subjective, and does not equal guilt.
If you have been arrested and charged with Driving Under the Influence (DUI) in any city or municipality of the State of Georgia, it is because the arresting officer believed he or she had probable cause to do so. Probable cause for arrest may be established in a number of ways.
Probable Cause for the Stop: If you are pulled over, A police officer MUST HAVE probable cause to stop your vehicle. If there was no probable cause for the stop, any observations, tests, or charges that stem from that unwarranted stop may be suppressed and a conviction for DUI cannot be established.
Probable Cause for DUI Arrest: Even if probable cause to stop your vehicle is established, there may not be probable cause to arrest for Driving Under the Influence.
Many times, a driver is pulled over for an alleged traffic violation (e.g., speeding, following too closely, failure to maintain lane, reckless driving, etc.), and as a result of the officer’s “observations” upon speaking with the driver, and interpretations of his or her responses and any field sobriety test results, he or she is arrested and charged with Driving Under the Influence.
REMEMBER: Even if an officer believes he or she has probable cause to to stop a vehicle for a traffic violation, that probable cause is separate from, and at most one factor in, the officer’s supposed probable cause to arrest a driver for Driving Under the Influence.
Also, The factors that may lead an officer to arrest a Georgia driver for DUI are very often insufficient to sustain a conviction for DUI. It is critical, then, that Georgia drivers understand their rights and the consequences of their decisions and responses when facing such serious suspicions.
If you have any questions about your rights or your case, please contact Horlick Law Firm immediately for a free case evaluation and consultation.
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.
