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Tucker DUI Lawyers

1. Van Johnson Law: DUI Law in Georgia Driving Under the Influence (DUI) is one of the most commonly charged offenses in our courts today. Political lobbies, such as Mothers Against Drunk Driving (MADD), have pressured state legislatures to enact statutes over the past several years that have increased the penalties and have made it easier to be convicted of a DUI. However, these statutes have also created a legal and administrative quagmire that is very difficult to wade through. Because of these statutes, defending a DUI requires both an in depth understanding of the law and a firm grounding in the science unique to a DUI charge. Georgia Law and Penalties Georgia law prohibits operation of a vehicle under the influence of alcohol or any drug, glue, aerosol, or other toxic vapor “to the extent that it is less safe for the person to drive.” The term “drug” includes both illegal drugs such as marijuana and legal drugs like over-the-counter antihistamines and prescription painkillers. Georgia law also prohibits operation of a vehicle if one's Blood Alcohol Concentration (BAC) is .08 grams per 100 milliliters or above while operating the vehicle, or within three hours after driving if the alcohol was consumed before driving. Although a chemical test of .08 percent or higher is an automatic offense (“per se” DUI), you can still be convicted with a lower BAC if the prosecutor can establish that you were driving while impaired (i.e. “to the extent that it is less safe...to drive”). To establish that a person is driving while impaired, a police officer will usually conduct a Field Sobriety Test (FST). Field Sobriety Tests Field sobriety tests (FSTs) are ostensibly designed to test balance, coordination and the ability to do two things at once. There are many different types of FSTs, and law enforcement personnel have been known to use any of them. The most common are: * The officer will ask you to stand on one leg * The officer will ask you to walk a straight line, then turn around * The officer will ask you to follow a pen, finger, or penlight from side-to-side with your eyes (Nystagmus) * The officer will ask you to stand with your head tilted back and eyes closed and then indicate when 30 seconds have passed. This is called the Rhomberg Balance Test * The officer will ask you to stand with you left hand outstretched, palm up, and then pat the top and bottom of that hand with the other hand while counting “One, Two, One, Two….” * The officer will ask you to touch your finger to your nose or your fingers to your thumb * The officer will ask you to recite the alphabet forwards or backwards Although the officer will ask you to perform these tests, you are not required to do so. These tests are widely considered to be designed to fail. The main purpose of these tests is to give the officer more reason to justify an arrest. Standardized Field Sobriety Testing The National Highway Traffic Safety Administration (NHTSA) developed the Standardized Field Sobriety Test (SFST). It is a battery of tests designed to be administered by the police officer to obtain validated indicators of impairment and establish probable cause for arrest. The three tests of the SFST are: * The one-leg stand * The walk-and-turn * The Horizontal Gaze Nystagmus (HGN) The Walk-and-Turn and One-Leg Stand Tests The walk-and-turn test and one-leg stand test are also known as “divided attention” tests. These tests require a person to perform precise physical movements while trying to listen to the police officer and follow his instructions. For a walk-and-turn test, the officer instructs the person to take nine steps, heel-to-toe, along a straight line then turn on one foot and return in the opposite direction. The officer will look for certain “indicators” that will help give the officer to arrest the suspect. These indicators include the following: * Losing balance while listening to instructions * Beginning before the instructions are finished * Stopping while walking to regain balance * Not touching heel-to-toe * Using arms to balance * Losing balance while turning * Taking an incorrect number of steps For the one-leg stand test, the officer will instruct the person to stand with one foot approximately six inches off the ground and count aloud by thousands. The officer will wait 30 seconds before telling the suspect to put his foot down. This test also has certain “indicators.” These indicators include: * Swaying while balancing * Using arms to balance * Hopping to maintain balance * Putting the foot down before instructed to do so Many sober people cannot complete the tests without exhibiting many of these indicators. HGN Test The last test of the SFST is called the Horizontal Gaze Nystagmus Test. The officer will instruct the person to follow a pen, finger or penlight and watch to what extent the eyes flicker back and forth. In theory, the more the eyes flicker, the more inebriated the person. One flaw with this test is that the eye flicker can indicate the presence of other substances besides alcohol such as seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants. Implied Consent to Chemical Tests Georgia considers any person who drives a motor vehicle while under the influence of alcohol to be a “direct and immediate threat to the welfare and safety of the general public.” Thus Georgia Code 40-5-55 provides that any person who is involved in a traffic accident or any person who is arrested for a DUI is deemed to have given consent to chemical testing of that person's “blood, breath, urine, or other bodily substances” to determine the presence of “alcohol or any other drug.” Refusing to submit to such chemical testing will mean an automatic suspension of driving privileges for at least one year. Penalties for DUI in Georgia For a first conviction, the following penalties apply: * a mandatory fine between $300 and $1000 (not subject to stay) * imprisonment from ten days to twelve months (subject to suspension, stay or probate, but the offender must serve a minimum 24 hours) * at least 20 hours of community service (at least 40 hours if BAC is .08 or above) * completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services * probation for the rest of the period of 12 months that the offender is not actually incarcerated * driver's license suspended for one year For a second conviction within five years, the following penalties apply: * a mandatory fine between $600 and $1000 (not subject to stay) * imprisonment from 90 days to twelve months (the court shall probate a portion of the sentence, but the offender must serve a minimum 72 hours) * at least 30 hours of community service * completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Service * completion of a substance abuse treatment program if indicated by clinical evaluation * probation for the rest of the period of 12 months that the offender is not actually incarcerated * driver's license suspended for three years For a third conviction within five years, the following penalties apply: * a mandatory fine between $1000 and $5000 (not subject to stay) * imprisonment from 120 days to twelve months (the court shall probate a portion of the sentence, but the offender must serve a minimum 15 days) * at least 30 hours of community service * completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Service * completion of a substance abuse treatment program if indicated by clinical evaluation * probation for the rest of the period of 12 months that the offender is not actually incarcerated * driver's license suspended for five years Protect your Rights-Contact an Attorney If you are arrested for a DUI in Georgia, you must contact an attorney immediately. An experienced DUI attorney may be able to help you keep your driver’s license and have the charges reduced or thrown out. An experienced DUI attorney can help you assess your situation and make an informed decision about how to proceed.