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…)
DUI – Questioning by Officer
Posted by Robert Horlick in DUI Tests, Questioning by Officer on 06. Dec, 2009 | 0 Comments
If you are involved in an accident or stopped by a police officer in the State of Georgia on suspicion of violation of some traffic offense, you will likely be asked a serious of investigative questions. You must be aware that, at all times, even before arrest and before suspicion that you may have violated any specific crimes, you have the right to remain silent under Georgia law.
You have the right not to incriminate yourself, and many times, answering what may seem to be harmless questions can do just that. When speaking to any law enforcement officers, keep in mind that anything you say can AND WILL be used against you.
You should assume your statements and actions are being recorded (most officers have video cameras running in their vehicles and audio microphones on their uniforms), and that these statements and actions WILL BE used against you in any prosecution.
You should assume that, from the second you are pulled over, and often before, the officer is looking for further evidence or probable cause that you have violated the law, whatever law it might be.
In most cases, whether or not it seems this way, you are already under suspicion when you are stopped. Be mindful that your encounter with the police begins unbalanced. The police are always looking for admissions, clues, and further indications that you have violated the law. Whenever you are stopped by the police, and for whatever reason, keep this in mind.
Be respectful and polite in your encounter, but remember that they are looking for evidence that you have committed a crime. They are free, and it is their job, to look, but you have no obligation to help them collect evidence against you.
Horlick Law Firm encourages you to respectfully decline to answer any questions that may incriminate you and immediately assert your desire to speak to your attorney. If you have any questions about being stopped and questioned by the police, please contact Horlick Law Firm immediately for a free consultation.
Georgia DUI Penalties – 3rd
Posted by Robert Horlick in 3rd DUI, DUI Consequences on 04. Dec, 2009 | 0 Comments
If you are convicted of Driving Under the Influence (DUI) in the State of Georgia for your 3rd offense within 10 years, based on the dates of your previous DUI arrests, you face punishment as a High and Aggravated misdemeanor.
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.
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.
