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!

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.

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.

For years, as a Public Defender in Fulton County, Robert Horlick defended hundreds upon hundreds of clients, charged with ALL types of crimes, at all stages of the trial process, in Superior and Juvenile Court.  Fighting for the lives and rights of the indigent, and working closely with everyone involved in the process – clients, families, social workers, district attorneys, judges – Robert Horlick truly worked to find the best resolution to each issue.

Building on the strong foundation of experience, relationships, and expertise developed as a public defender in Fulton County, Robert Horlick joined a small private firm based in Marietta, Georgia.  There, practicing mostly criminal defense, he defended clients and successfully resolved cases (and broadened his practice areas, experience, and range of personal relationships) in over 30 counties throughout Georgia (including Fulton, Dekalb, Cobb, Cherokee, Douglas, Paulding, Rockdale, Newton, Clayton, to name a few).

Horlick Law Firm was founded to focus solely on providing aggressive, savvy and skillful representation and communication to clients charged with DUI or any other criminal offense in and around Georgia.  We have the experience and will fight for your license, your rights, and your livelihood.

As it is stressful and confusing to say the least when you or a loved one is facing such charges, hopefully you find this site easy to navigate and informative. While no website is, or should be, a substitute for the informed research and specific advice of an attorney, if this site gives you a better general understanding of the law and its’ consequences, and the reasons why you MUST hire an attorney to fight for you and help you navigate through this process, then it has succeeded.

Please click on the icon above to contact Horlick Law Firm immediately at (404) 487-8473, fill out one of the forms on this site, or email info@horlicklawfirm.com anytime to discuss your case and how we can help you.

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.

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.