Being arrested for DUI is a scary and nerve racking situation. Most people are upset, confused and have no idea how to proceed. This is why it is important to speak with a trained professional who understands the policies and procedures of not only the court system, but also the protocols followed by law enforcement.
In many cases you may have only ten (10) business days from your date of arrest to request an administrative license suspension hearing. If you received a document from the officer labeled "Georgia Department of Driver's Services 1205 Form--it is important to speak to an attorney as quickly as possible or your license or ability to drive in the State of Georgia may be suspended automatically.
I will sit down with you and evaluate your case without charging a fee. Please contact me either through this website or by simply calling (912) 373-6529.
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STANDARDIZED FIELD SOBRIETY TESTS
These are tests that are completely voluntary. The failure of an individual to submit to a voluntary test, by itself, is not enough to arrest someone for DUI. However, most people do not know they are voluntary because the police do not have to tell a suspect that the tests are voluntary and they simply try to do their best.
The tests, for the most part are really physical agility tests. You are not allowed to practice and you usually only get one shot in performing them before the police officer makes a "judgment" about whether or not you are impaired.
How many people can hit a home run at their first time at bat? How many people can bowl a perfect game the first time they play?
Obviously, very few--but these are the tests that they use to try and take away your liberty.
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The first test is usually the Horizontal Gaze Nystagmus (commonly referred to as the HGN) Test. This is the only test that has been accepted by the Courts in Georgia as a scientific test--even though it is extremely unlikely that the officer administering the test has any scientific training. This test requires the officer to look for the involuntary jerking of the eyes while a person is following a target object (usually a pen or a finger)with their eyes only.
However, many officers do not administer this test correctly. They are required to medically qualify a person in order to administer the test. They are required to make 16 passes in front of the subject's eyes with the target object. Since many officers fail to comply with their training, we have the opportunity to get the results of this test suppressed from use at trial.
The second test is the Walk and Turn Test. Prior to administering this test. The officer will have a suspect assume a heel to toe stance and tell them not to move until he tells them to. The officer will then begin to demonstrate the test. Most people come out of the heel to toe stance in order to get a better look at what the officer is doing. Well-the officer marks that action down as a clue of impairment--as failing to follow instructions and starting the test too soon. Pretty tricky isn't it? Also--if the suspect misses touching heel to toe more than half an inch--then that is also a clue. If you step off the line (which is nearly always an imaginary line) that is also a clue.
The third test is a One Leg Stand Test. How often does someone ask you to stand on one leg, raise your foot 6 inches off the ground, with your arms at your side and count by one thousands until told to stop? As you can tell there is a reason the second and third tests are not scientifically accepted. They are not tests at all--instead they are designed to make you look impaired for purposes of the DUI Arrest.
The last roadside test is not a Standardized Field Sobriety Test--but is referred to as a Preliminary Breath Test or "PBT." Even though these devices give a numerical number--that number is not admissible in a court of law in the State of Georgia. All the officer can testify to is whether or not the suspect tested positive or negative for alcohol in their system. It is important to remember that it is not illegal to have alcohol in your system and operated a motorized vehicle. The State has to prove your Blood Alcohol Content is over .08 grams (for over 21) .02 (for under 21).
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IMPORTANT LINKS FOR YOUR DUI CASE
ADMINISTRATIVE LICENSE SUSPENSION HEARINGS
http://www.osah.ga.gov/
DEPARTMENT OF DRIVER'S SERVICES
http://www.dds.ga.gov/
VICTIM IMPACT PANEL GUIDELINES
http://www.maddga.org/VictimImpactPanelGuidelines.html
NATIONAL COLLEGE OF DUI DEFENSE
http://www.ncdd.com/
RECORDER'S COURT OF CHATHAM COUNTY
http://www.ci.savannah.ga.us/recorderscourt/rcdocket.nsf
STATE COURT OF CHATHAM COUNTY
http://www.chathamcounty.org/jims/
CHATHAM COUNTY JAIL
http://www.chathamcounty.org/jims/jail/
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