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!

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?

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.

Traditionally, DUI is a misdemeanor charge, which subjects you to up to $1000 fine and up to 12 months in jail (in addition to the other requirements discussed below and elsewhere on this site).  However, as a High and Aggravated misdemeanor, you face between $1000 and $5000 in fines (and court costs, which tend to be 15-25% more), and 120 days to 12 months imprisonment, at least 15 days of which MUST be served.

Additionally, you must complete at least 240 hours (30 days) of Community Service, and the DUI Alcohol or Drug Use Risk Reduction Program.  You must also submit to a clinincal evaluation for drug or alcohol abuse, and submit to any treatment recommended by that evaluation as a part of your sentence.

You will be placed on probation for 12 months, less any time you spend in jail, and your vehicle is subject to forfeiture.  You face a five (5) year license suspension, ignition interlock, confiscation of your license plate, and and only after 24 months and the completion of certain conditions are you eligible for a probationary license.  There may also be some additional conditions or consequences based on your particular situation.

If these convictions occur when you are under 21, or when driving a commercial vehicle, your potential penalties and license implications may be more severe than those discussed above.  Contact Horlick Law Firm immediately to discuss your specific situation and develop a plan of action that will help you navigate through this stressful and tricky process.

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.

The chemical testing of a driver’s BAC (Blood Alcohol Content) is scientific, and therefore more reliable than the officer’s suspicions or subjective determinations of impairment based on the results of any Field Sobriety Tests (FSTs).  However, to be admissible, the test must be administered properly, and as mentioned elsewhere on this site, many physical and environmental conditions such as acid reflux, electronic interference, or the presence of mouthwash or mints, for example, may cause these results to appear higher than they should.

The most common way that the police administer chemical tests of a driver’s BAC (blood alcohol content) is through a Breathalyzer exam.  BAC may also be tested by way of blood or urine analysis, however.

For driver’s 21 and over, a BAC of 0.08 grams or more can support a charge of driving under the influence per se (and a driver with a BAC below 0.08 grams may still be charged as a “less safe” driver).

For driver’s under the age of 21, because of “zero tolerance” laws, a BAC of 0.02 grams or more can lead to a charge of driving under the influence.  And for those driving commercial vehicles and suspected of driving under the influence, a BAC of 0.04 grams or more can support a charge of DUI.

By having a driver’s license in the State of Georgia, you impliedly consent to submitting to a test of your blood alcohol content upon request by law enforcement.  This Implied Consent condition (discussed more thoroughly here) means that, while you may still choose not to submit to a test of your blood, breath or urine, your refusal will be prosecuted separately from your criminal case (in an administrative hearing, discussed more thoroughly here), and can result in the suspension of your license for a minimum of one (1) year.

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.