As you know, the NFL championship will be decided this coming Sunday, February 3. Millions of viewers will visit friends or local bars to watch the action.
Police departments around the country will be watching the roads, especially during halftime and after the game. Don’t be surprised to see an increased police presence on Georgia highways and in busy neighborhoods.
The National Highway Traffic Safety Administration reports that 130 people died as a result of drunk driving during the 2006 NFL Championship Game. Hundreds more were injured and maimed. You can be sure that Georgia law enforcement officers will be out in force.
Resolve to enjoy the game in safety – if you drink, designate a driver.
Filed under Arrest issues by on Feb 2nd, 2008. Comment. 
California DUI lawyer Lawrence Taylor writes extensively about DUI issues in his very thorough DUI Blog. A trend that Mr. Taylor has been tracking has to do with forced blood draws – in which police forceably restrain a driver for the purpose of drawing blood to test for alcohol content.
In his post "Taking Blood by Force," Mr. Taylor references a California appeals court case in which the California Court of Appeals turned down the appeal of a citizen who was convicted on the basis of a forced blood draw.
Taylor argues that these forced blood draws may not yield accurate results – if the officer does not use the proper technique, and that a restrained motorist might very well be injured if he is restrained.
I have not heard about any forced blood draw cases in Georgia, but I mention this issue because I suspect that a forced blood draw case may eventually make its way to the Supreme Court and if the practice is approved there, then we could very face this issue here. The Supreme Court has always been fairly lenient in "search and seizure" cases involving automobiles so I would not be surprised to at least see the Supreme Court consider a forced blood draw case.
Filed under Arrest issues, Police conduct issues by on Jan 2nd, 2008. Comment.
Have you ever wondered what signs of intoxication signal police officers to pursue a DUI investigation? Attorney Jamie Spencer from Austin, Texas writes in his Texas DWI Defense blog that signs of intoxication include
- Odor of Alcohol: Strong, Moderate, Faint, None
- Eyes: Bloodshot, Watery, Glassy, Dilated, Constricted
- Speech: Mumbled, Slurred, Confused, Not Understandable, Mushmouthed, Stuttered, Fair, Good, Accent, Thick Tongued
- Balance: Wobbling, Falling, Swaying, Unsure, Needed Support
- Attitude: Excited, Hilarious, Talkative, Uncooperative, Profanity, Polite, Sleepy, Combative, Indifferent, Cooperative, Insulting, Cocky
- Walking/Turning: Falling, Swaying, Staggering, Stumbling
Why are these signs important? While the State (i.e. police officer) has a certain amount of leeway to investigate drivers, that leeway is not unlimited. If the officer does not have reasonable cause to suspect that a defendant is under the influence, the arrest and subsequent evidence gathering can be attacked and possibly excluded. Jamie writes that he will explore each of these factors in subsequent posts on his blog.
Filed under Arrest issues, Police conduct issues by on May 19th, 2007. Comment.
California DUI defense lawyer Lawrence Taylor cites several fascinating studies in his DUI blog suggesting that how you breathe can dramatically impact the blood alcohol reading generated by a breath test. For example, holding your breath for 30 seconds increased the blood alcohol content of your breath by over 15%. Hyperventilating for 20 seconds decreased the BAC by 10%.
In his post about breathing and breath tests, Attorney Taylor also cites a research study by a University of Washington Professor of Physiology who found that the last part of your exhalation has a higher alcoholic content than the first part, meaning that a police officer’s command to “blow harder” may very well result in a higher BAC reading on the breath test.
Georgia Courts have long rules that arrest scene breath tests are not admissable evidence. Mr. Taylor explains the science behind the reasons breath tests are flawed in another post on his blog. It would be interesting to know the psychological impact that a failed breath test has on a defendant’s subsequent decisions to admit to alcoholic consumption or to not assert his other available rights.
Filed under Arrest issues by on Jun 26th, 2006. 1 Comment.
I am scared to death. I drive a truck for a beer distributor (!) and I got a DUI about two weeks ago (I was not on the job but my employer has a rule that if I am convicted of a DUI, I get fired). Can you help me?
Response: Most people who drive trucks for a living have a CDL (commercial driver’s license), and depend on their license to earn a living. I have successfully represented numerous defendants with commercial driver’s licenses and can help you keep your license so you will not lose your job.
Filed under Arrest issues, DUI laws, Georgia Courts by on May 11th, 2006. 2 Comments.
What is the difference between the “Breathalyzer” and the “Alcosensor?” Is there is any realistic way to challenge these machines?
Answer: The Alcosensor is the portable hand held breath testing device that is administered at the scene of the pullover. The Intoxilyzer 5000 is the breath testing device that looks like a computer, and usually located at the precinct or jail and is the device which the state uses to prove that you have more than the legal limit of alcohol in your blood. The results of the portable Alcosensor administered in the field is not admissable in court to prove that you have more than the legal limit of alcohol in your blood. Remember, there are good challenges to both testing devices.
Filed under Arrest issues, Trial issues by on Mar 6th, 2006. 3 Comments.
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.
