Last weekend, I was arrested for DUI. The police officer asked me to step out of the car and perform a bunch of tests. He wanted to me to close my eyes and touch my nose, walk backwards, etc. I had had a few beers but I felt ok. Anyway, I did not think that I could do everything he asked so after the “touch your nose with eyes closed” I told him that I wanted a lawyer. He then arrested me for DUI. Did I screw up?
It sounds like you did not do all of the Field Sobriety Evaluations, which may be good, depending on how much alcohol you had and whether you feel you did well on the tests. It is always a good idea to request the advice of an attorney. If the cop does not do a good job on his pre-arrest investigation, that can be to your advantage. Maybe he did not obtain enough information to justify arresting you in the eyes of the judge, who may rule in your favor at the motions hearing.
Filed under Arrest issues by on Mar 3rd, 2006. Comment. 
I got arrested for DUI and I am guilty. I was drinking at a bar for several hours. What is going to happen to me? Is there anything you can do for me?
Answer: Yes, it is important to know your rights when negotiating a plea, and how you may avoid jail time. Remember, the Prosecutor and Judge are not there to advise you of your rights, and they frequently will recommend that you have an attorney to make sure that you are apprised of the consequences of your plea.
Filed under Pre-trial actions, Punishment issues by on Mar 3rd, 2006. Comment.
It is important to get the opportunity to view the videotape of the arrest to allow the defendant to see if the officer’s testimony is consistent with the videotape. Too often the officers embellish the facts and the videotape will show what actually happened. I have had cases where the judge agreed that the officer’s testimony was inconsistent with the videotape and ruled that the officer did not have probable cause to arrest my client.
Filed under Trial issues by on Mar 3rd, 2006. Comment.
I have heard about breath tests and blood tests and about an intoxilyzer test. What is the difference in these various tests and what is an Intoxilyzer?
Georgia uses the Intoxilyzer 5000 manufactured by CMI, Inc. It purports to measure the amount of alcohol in your blood by testing your breath, which is a stretch, in my opinion. The best way to determine the amount of alcohol in your blood is with a blood test, not a breath test. By the way, would you prefer to have a breath test on a machine that the manufacturer does not warranty to be fit for the purpose for which it was intended? That’s the kind of “no warranty” that comes with the machine. Always, ask for an independent test of your BLOOD, when given the opportunity. That will give the accurate reading of alcohol in your blood, not your breath.
Filed under Intoxilyzer 5000 issues by on Mar 3rd, 2006. Comment.
I think that the cop who arrested me was abusive. After he handcuffed me, he pushed me into the back seat of his cruiser and smashed my head against the door frame. Is there anything I can do?
Well, if that’s all he did, then you would be better off not to pursue it. After all, most people do not like being arrested, and complain about the smallest matter that comes to mind. Many complain about the cuffs being too tight and being pushed around, but that does not equate to being beaten for no cause while under restraint, or kicked when on the ground or otherwise being grossly abused. If you have been grossly abused, then you should contact an experienced attorney who can help you obtain compensation for your injuries. But, remember, you must be injured to get compensation and mere bruises or being handcuffed too tightly is not going to be sufficient for an award of damages.
Filed under Police conduct issues by on Mar 3rd, 2006. Comment.
I am 19 years old and was arrested for DUI. They didn’t take a blood test but I had been drinking some at a friend’s house.
Should I plead guilty? What’s the worst that can happen to me? Would you recommend that I ask for a trial?
Georgia DUI blog asked Marietta DUI lawyer Guy Sharpe to respond to this question. Guy’s response: There are many factors to consider before you decide whether to take your case to trial or enter into plea negotiations. I will address some of the obvious.
- Do you feel that your actions when arrested will cause others to think you are under the influence? After all, some people are more easily affected by alcohol than others.
- Do you think you did well on the field sobriety tests? If yes, that’s good.
- Did you take a breath or blood alcohol test? If so, what was the reading. The threshold is .08 for over 21, but I have represented clients who scored as low as .02, which is 6 points under the limit. In that case, the cop was a cowboy and we got the case dismissed and record expunged.
Remember, the arrest is being recorded by video camera and much can be learned about the arrest and whether the cop followed his training when making the decision to arrest for DUI. The most important thing you can do is employ the services of an experienced DUI attorney.
I have personally been trained in the administration of Field Sobriety Evaluations and know how the cop is supposed to administer the test and the passing/fail threshold on each test. You would be supprised how many times the cops do not follow their training when administering the Field Sobriety Evaluations. If not done properly, and according to their training, you can get the evidence suppressed and ultimately have the charges dropped or reduced.
Filed under Punishment issues, Trial issues by on Mar 3rd, 2006. Comment.
I got stopped for DUI by a City of Marietta police officer. I heard that I can ask for my case to be heard in Cobb County instead of the City of Marietta Court. What’s the difference and what do you recommend?
There are many factors to consider when you are trying to decide whether to take your case to the State Court of complete it in the City court and you must talk to an experienced attorney who is familiar with each court in order to make the correct decision. Briefly, if you want to enter a guilty plea to the charge, you may want to enter into plea negotiations with the City Court. If you want to contest your case and have a jury trial, then your case must be transferred to the State Court as the City Court usually does not have the authority to conduct jury trials.
Filed under Pre-trial actions by on Mar 3rd, 2006. Comment.
Were there any changes to the Georgia DUI laws in 2005? Have you heard any news about new laws in 2006?
Answer: The judiciary committee is currently working on new DUI legislation for 2006, and we do not have a final bill yet. They want the cops to be able to draw blood rather than requiring a nurse or medical personnel to draw blood. In other states where the cops were allowed to draw blood, there are cases where the proper blood drawing procedure was not followed and the accused got aids or hepatitis c from contaminated needles. Let your representative know that you oppose blood drawing by cops rather than medical personnel. I will update this answer if the legislature passes the new legislation.
Filed under DUI laws by on Mar 6th, 2006. Comment.
What is the definition of DUI in Georgia? Does it only apply to alcohol or can you also be DUI for smoking marijuana?
Answer: This question could require a long answer, but to summarize: It is illegal to drive a vehicle in a less safe manner due to the alcohol you have consumed. It is illegal to drive a vehicle with an alcohol level above .02 if you are a minor, .04 if you are a truck driver (have a CDL license), and over .08 if you are over 21. It is illegal to drive in a less safe manner while under the influence of drugs, illegal drugs or prescription drugs and the state is required to show that the drugs consumed caused you to be a less safe driver due to the consumption of those drugs.
Filed under DUI laws by on Mar 6th, 2006. Comment.
I am 19 and got arrested for DUI. Is the judge going to tell my parents about this?
Answer: That’s up to the judge. The law does not require it, but many judges will prefer that you have your parents with you when you finish your case, especially if you are still living at home and depending on your parents for food and shelter, and usually payment of the fine.
Filed under DUI laws, Pre-trial actions by on Mar 6th, 2006. Comment.
