Probable Cause for Georgia DUI Arrest?
What is Probable Cause?
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.
Read MoreGeorgia DUI Resources & Facts
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.
- 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?
DUI – 10-Day Rule – License Suspension
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.
Read MoreDUI – Questioning by Officer
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.
Read MoreGeorgia DUI – Under 21
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.
Read MoreGeorgia DUI Penalties – 2nd
If you are convicted of Driving Under the Influence (DUI) for your second offense in ten (10) years, judged by the date of the incident, you face penalties and driver’s license consequences more severe than those facing a first DUI.
You still face misdemeanor penalties (up to $1000 fine and up to 12 months in jail), but your fine will be between $600 and $1000 (plus court costs, which could be 15-25% more), and you will be required to complete at least 30 days (240 hours) of Community Service. You face between 90 days and 12 months imprisonment, of which at least 72 hours (3 days) must be served.
You will be placed on probation for a the remainder, up to 12 months, less the time you spent in jail, and be required to complete a DUI Alcohol or DUI Drug Risk Reduction Program, and submit to a clinical evaluation for alcohol and drugs. If this evalution concludes that you would benefit from treatment, this treatment may also be made a condition of your sentence.
Also, you are subject to three (3) years of license suspension, and may be eligible for a limited driving permit after 12 months, if you have completed certain conditions and submit to an ignition interlock device. In addition, you face confiscation of your license plate, and some other collateral consequences that we will be happy to discuss with you.
Contact Horlick Law Firm immediately for a free case evaluation and consultation if you have been charged with Driving Under the Influence in Georgia. The laws are tricky, and there are many ins and outs that only a skilled lawyer can help you navigate.
Read MoreGeorgia DUI Penalties – 1st
The State of Georgia looks at DUIs in two ways: they look at how many DUIs one may have in his or her lifetime, and they look back ten (10) years, in order to determine the appropriate penalty ranges.
Driving Under the Influence is a misdemeanor in the State of Georgia (unless it is your fourth or subsequent offense within 10 years), which means that it is punishable by up to twelve (12) months imprisonment and up to $1000 fine. There are also additional conditions that may be imposed, and license implications for any conviction.
If you are 21 or over and convicted of DUI in Georgia, for your first offense in 10 years, you will be placed on 12 months probation and required to pay a fine between the amounts of $300 and $1000 (and court costs, which could be 15-25% more), as well as complete at least 20 hours of Community Service (if your BAC was less than 0.08%) and at least 40 hours of Community Service in all other scenarios.
Additionally, you will be required to participate in a DUI Alcohol or Drug Use Risk Reduction Program, and depending on the county or municpality of conviction, you may be asked to participate in additional programs such as a Mothers Against Drunk Driving Impact Panel.
State law mandates that your sentence include between 10 days and 12 months of imprisonment as well, with a minimum of 24 hours to be served.
You also face up to one (1) year of driver’s license suspension, but in many situations there are limited permits available for driving to and from work and school, and the potential for early reinstatement of your license upon completion of certain conditions.
Contact Horlick Law Firm immediately for a free case evaluation and consultation. We can help you navigate through this stressful and confusing process. Let Horlick Law Firm fight to keep your license and keep you out of jail!
Read MoreGeorgia DUI Penalties – 3rd
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.
Read MoreOne-Legged Stand
Though the One-Legged Stand is one of the three Field Sobriety Tests (FSTs) approved in the State of Georgia, it’s results are subjective, and there are many reasons why one might not be able to perform this test to an officer’s satisfaction that have NO RELATION to whether or not that driver was impaired or under the influence of alcohol.
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.
Read MoreBAC – Blood Alcohol Content
In Georgia, a driver may be charged with Driving Under the Influence (DUI) either by driving or being in actual physical control of a moving vehicle while under the influence of alcohol and/or a controlled substance, to the extent that it is less safe for him or her to drive…or…per se, by driving or being in actual physical control of a motor vehicle with an alcohol concentration of 0.08 grams* or more any time within three (3) hours after driving from alcohol consumed before that driving ended (*This value is different if the driver is under 21 or driving a commercial vehicle at the time. See here and here for distinctions).
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.
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