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.
PBT – Preliminary Breath Test
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests, PBT (Preliminary Breath Test) on 03. Dec, 2009 | 0 Comments
If you are in an accident or stopped for a traffic violation and suspected of driving under the influence (DUI), an officer will likely ask you to submit to a number of Field Sobriety Tests (FSTs), including the PBT, a Preliminary Breath Test. The PBT is one of the three (3) Field Sobriety Tests approved in the State of Georgia (which also include the HGN – Horizontal Gaze Nystagmus – and the One-Legged Stand).
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.
HGN (Horizontal Gaze Nystagmus)
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests, HGN (Horizonal Gaze Nystagmus) on 03. Dec, 2009 | 0 Comments
If you are asked and agree to submit to Field Sobriety Tests on suspicion of Driving Under the Influence (DUI) in the State of Georgia, the officer will almost undoubtedly perform the HGN (Horizonal Gaze Nystagmus) test. Of all the Field Sobriety Tests (FSTs) an officer may administer during a roadside evaluation, if administered properly, the HGN test has been deemed to hold the most scientific weight.
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.
