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.
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 – 10-Day Rule – License Suspension
Posted by Robert Horlick in DUI License Suspension on 06. Dec, 2009 | 0 Comments
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. (more…)
Georgia DUI – Under 21
Posted by Robert Horlick in DUI - Under 21, DUI - Under 21, DUI Consequences on 05. Dec, 2009 | 0 Comments
If you are under 21 years old and charged with Driving Under the Influence (DUI) in Georgia, because of Georgia’s “Zero Tolerance” laws, you face a different level of penalty than drivers 21 and over.
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.
