DUI ATTORNEY INFORMATION
IMPORTANT! IMPORTANT! IMPORTANT!
YOU ONLY HAVE 10 DAYS FROM THE DATE OF YOUR ARREST TO FILE AN APPEAL TO PREVENT YOUR LICENSE FROM BEING AUTOMATICALLY SUSPENDED! CALL TODAY TO GET THE APPEAL FILED. (478) 621-7557
As a Macon, GA DUI Attorney it is important that I share the following information with you. Macon and Bibb County have a HEAT unit that focuses on issuing DUI's to impaired drivers. Remember you don't have to be intoxicated to be impaired. Some people will not feel drunk with a .08 blood alcohol level; however, in the eyes of the law you are still impaired. BE CAREFUL! DON'T DRINK AND DRIVE. IF YOU GET A DUI IN BIBB COUNTY GEORGIA MAKE SURE YOU CALL A DUI ATTORNEY IN BIBB COUNTY TO HANDLE YOUR CASE.
1. Don’t try to convince the officer of your innocence.
2. Don’t run.
3. Keep quiet.
4. Don’t give permission to search anywhere.
5. If the police are searching your car or home, don’t look at the places you wish they wouldn’t search.
6. Don’t resist arrest.
7. Try to resist the temptation to mouth off at the police, even if you have been
8. Do not believe what the police tell you in order to get you to talk.
9. If at home, do not invite the police inside, nor should you “step outside.”
10. If you are arrested outside your home, do not accept any offers to let you go
inside to get dressed, change, get a jacket, call your wife, or any other reason. The police will of course escort you inside and then search everywhere they
please, again without a warrant.
Don't let this happen to you!
DO NOT DRINK AND DRIVE! CALL A CAB! A $25 CAB RIDE IS MUCH SAFER AND CHEAPER THAN A DUI!
IF YOU DO NOT HEED THE ABOVE RECOMMENDATION THEN CONTINUE READING THIS INFORMATION FROM AN EXPERIENCED DUI ATTORNEY
ALWAYS REMEMBER YOU HAVE THE RIGHT TO REMAIN SILENT!
If you have been arrested and charged with a DUI contact my office immediately. You need an experience DUI ATTORNEY to handle your case.
If you have been arrested you can expect personal body searches, photographing, fingerprinting and health or other "screening" procedures among other forms. During this period you should be allowed to begin making contact and arranging for bail and DUI ATTORNEY consultation.
Be cautious! It is not uncommon for sheriff's employees to be called as witnesses for the state. Do not carry on conversations with the booking officer or any other officer, CALL YOUR DUI ATTORNEY. The friendliness or casual conversation of these officers may turn on you in support of the opinion of the arresting officer as to the driver's condition. Do not discuss the events of the evening. REMAIN SILENT AND ASK FOR AN ATTORNEY IMMEDIATELY! Even a telephone call to an experienced DUI attorney may provide you with enormous benefits.
You have been arrested for DUI and you haven't been officially tested yet. You are about to receive an important warning from the officer who just arrested you. He should give you this warning right after arresting you, which means at the scene of the stop. Some officers read it while you are standing in front of the police car so the video can record the reading of the warning and your oral responses. It is not uncommon, however, for the officer to put you in the back seat of the police car (in handcuffs) and then read the warning to you. Often, the officer will read it once at the scene and then again at the police station or jail where the breath testing equipment is located. The vast majority of officers designate the breath test but may ask the driver to submit to more than one test.
Wherever this warning is read, you should listen carefully, because it is often read so quickly it is hard to understand. I am providing the text of these warnings located in the Georgia Code. Remember there are different readings for drivers over 21, under 21 and commercial licensees. Before you make the decision as to whether you will submit to this or any test, carefully read and understand the all material found on this site.
O.C.G.A 40-5-67.1 (a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:
Implied consent notice for suspects under age 21 "Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?"
Implied consent notice for suspects age 21 or over "Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?"
Implied consent notice for commercial motor vehicle driver suspects "Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?
10 Day Rights DMVS-1205
Department of Motor Vehicle Safety (DMVS) form 1205 is a very dangerous form. That's right, dangerous. This simple form is actually a multi-purpose form designed to inform you of the arresting officer's intention to initiate a suspension of your Georgia license to operate a motor vehicle anywhere. This form also notifies (however subtly) non-residents of Georgia that the officer intends to suspend the drivers' privilege to operate a vehicle on an out-of -state license within the state of Georgia.
What makes this form so dangerous is that it is referred to by most officers as a "30 day temporary permit to drive." It is with that thought in mind that many drivers "thank" the officer, fold up the "30 day permit" and put it in their wallets or purses and drive away from the jail, never reading and never having been told by the officer of the suspension provisions contained within it. That's bad.
Even worse, this folded, crumpled piece of yellow paper contains a provision on the back side that says "you have 10 days to request a hearing on the officer's request to suspend". Guess what happens if you do not request a hearing within 10 days, IN WRITING? That's right, the suspension will be automatic at the end of 30 days!
It is because of this harsh, summary suspension that most experienced DUI lawyers are concerned about drivers being in touch with their legal offices as soon after the arrest as is possible. The lawyer will likely assist you in preparing this letter requesting a hearing, even before you decide to hire the lawyer. This letter should be sent by certified or registered mail and received by DMVS within that 10-day window provided by law. However, if you are already beyond the 10 day period, you should still contact an experienced DUI lawyer to find out what, if anything, might be done. There are some exceptions to this general rule and a DUI lawyer will know what these exceptions are.
Filing a timely request for a hearing will result in your being notified of a time and place where an Administrative Law Judge (ALJ) will hear evidence, under oath and determine if your driver's license or privilege should be suspended. This hearing is subject to its own appeal process in Superior Court. Most importantly, this hearing offers your attorney an opportunity to find out what the officer is going to say in advance of any future trial. Many officers will not even show up when they are notified that certain lawyers are "on the case," so some drivers win this hearing by default.
Remember, too, this "temporary permit" does not authorize driving outside the state of Georgia. Also, while it is indicated that the permit is for 30 days, if you have made the written request for a hearing and no hearing has been provided during that 30 day period, the permit is extended until such hearing is conducted. But be sure to keep your form 1205 AND the written request with you at all times when you are driving.
Police Tricks During a DUI Stop
Police officers are trained in a special course called "verbal Judo." This training is designed to help them keep others off balance by use of commands, tone and phrases intended to "throw you down" emotionally and thereby maintain control at all times. They expect you to obey short, terse commands. They do not expect you to ask them to explain "why" they are making these demands. In directing your behavior as they do, they are better able to predict and control an outcome from the traffic stop. The video or taped recording will make them look professional and you look nervous, stupid and impaired, after which they will have no reason not to arrest you, despite your obvious cooperation. Here are a few tricks I have come across in my practice. Feel free to send me any interesting experiences you have with these tactics.
Police Trick: Record by video or audio the statements, confession and admissions of drivers at the scene Response: While this should be no surprise to many, some people are not aware that the police are commonly using video cameras to record the events of traffic stops. These cameras are mounted on the top of the dashboards of the police vehicles and may be swiveled 360 degrees and may even be recording people in the back seat of the police vehicle. The police can control the operation of this camera from a switch located on the belt worn by the officer. On exceptional occasions, a dishonest officer will attempt to manipulate evidence by taping only the statements he wants heard by tampering with the audio switch, however this is rare. So presume you are being recorded and take advantage of this fact by turning the event into an opportunity to test the officers reasonableness and patience. Use the Driver's Rights Statement and watch the officer's reaction. How do you spell F-R-U-S-T-R-A-T-I-O-N?
Police trick: Get the driver to cooperate in exposing eyes, face and nervous hands to the officer Response: When the officer approaches your vehicle be sure your windows are rolled up and have your drivers license, registration and Driver's Rights Statement in your hand. When the police officer approaches your vehicle, he will tell you to lower the window. Do so, but only lower the window about three inches and say "I can hear just fine officer." Then slide the drivers license and insurance and Driver's Rights Statement out through the opening. Do not look at the officer. Continue looking straight forward. If you have allergies, you should not expose yourself to undue contact with a harsh environment by opening the window completely or getting out of the car. Many folks carry paper masks or use handkerchiefs for such exposure, so don't be shy to protect yourself, just because the officer wants to ask you a few questions and then let you go. The camera may show your forward gaze from the position of the back of your head. When he sees you are masked or covering your nose, the officer will, in all likelihood, ask you to step out of the vehicle. He has authority to do that, but you may certainly ask to "stay inside while answering his questions, as you have allergies." This should always be a truthful statement. Carry a handkerchief and use it as needed. There may be many other valid reasons to avoid exposure and covering your nose and mouth so as to avoid contamination or spreading infectious illnesses such as colds and flus. Just tell the officer what the reason is so that too will be recorded. Other good reasons not to want to leave the vehicle could include hurting or injuring legs, ankles, knees or backs caused by arthritis, over-exertion or other physical condition. Because of his training, the officer will insist that you step out. You should comply with his request but you are entitled to complain, limp or continue covering your face, if you are actually experiencing pain or discomfort. Be polite when the officer asks you questions, but never admit to consuming alcohol or drugs, even if you are told the officer smells such an odor. If the officer shines the flashlight in your face, cover your eyes and complain out loud that "it hurts your eyes," if it does. The point being, you can maintain some level of control over the final outcome of the video, if you use it in the same way the officer does: to preserve favorable evidence for later presentation in the case. In following the outline above you have provided a credible reason for bloodshot, watery eyes, flushed face and have given your hands something to do. The officer is likely to appear insensitive as he follows his habits and training in this scenario.
Police trick: Get the driver to blow into a hand-held "alcosensor" device. The officer will suggest that the reason is to determine "if you are OK to drive home?" Response: My suggestion is to point to the Driver's Rights Statement you have handed to the officer and say nothing, but if you just have to speak consider saying, "Officer, when was the last time you took that thing apart and cleaned it?" Whatever the officer says, you should say, "If that is the best answer you can give me, I don't think I want those germs." In any event, this roadside test is strictly voluntary and you should not take it. The officer may be frustrated and change his tone, Do not be intimidated. Say, "Isn't that thing strictly voluntary, anyway?" But whatever the excuse, DO NOT BLOW INTO IT!
Police Trick: Get the driver to voluntarily submit to road-side Field Sobriety Tests Response: Again, the officer will likely insist you take these tests for him "just to see if you are okay to drive." These tests will usually consist of :
Police Trick: Threaten to arrest you if you don't cooperate and submit to field sobriety tests Response: Surprise! The officer is likely going to arrest you anyway! If the officer sees you weave in the road, smells alcohol, sees bloodshot eyes or other symptoms of alcohol or drug impairment, he needs to get you tested on the state-approved Intoxilyzer 5000 © breath testing machine or a blood or urine test. But, the officer cannot even ask you to submit to these tests if you haven't ALREADY been placed under arrest for DUI! That's what this roadside investigation is all about: getting you to voluntarily give the officer the evidence he doesn't have so he can arrest you. The officer is going to look silly if you pass the state-administered tests. But, if you give the officer the evidence he needs at the scene, this officer can still prosecute you for a different count of DUI referred to as "less-safe." If you don't give them the evidence, at the scene, they will have a more difficult time getting a conviction down the road at trial. Don't submit to any road-side tests! They are all voluntary. You can use these laws to your advantage.
Field Sobriety Tests -DUI ATTORNEYS RECOMMEND THAT YOU DO NOT PERFORM THESE TEST!
The One Leg Stand Proper Administration: The one leg stand requires that the officer to:
Standardized Clues: Officers look for recognized certain "validated clues" as signs of impairment.
The Walk and Turn Test Proper Administration: In administering the Walk and Turn evaluation the officer:
The Horizontal Gaze Nystagmus Test Horizontal Gaze Nystagmus is medical condition that involves an involuntary reaction of the muscles that control eye movement resulting in "twitching or jerking" of the eye. It is not caused by alcohol but alcohol is known to cause it to be more apparent when an examination of the eye is conducted and the subject has consumed enough alcohol to affect those particular muscle groups. This jerking of the eye is measured by conducting three examinations.
As you can see, no matter what you do the Officer will probably have the evidence needed to determine that Probable Cause does exist to arrest you! SO, DO NOT PERFORM THESE TESTS! If the officer follows his training he will now ask you blow into a preliminary breath testing device called an "alco-sensor." He will likely say, "just to make sure you are ok to drive" as he sticks this device in your mouth. Decline his offer.