I got pulled over for window tint at midnight. Officer asked me to step out of the car after he checked my tint. He asked if I had been drinking. I'm sure he askede cause my wife was drunk in the passenger seat. He prob smelt the alcohol. I had only had 3 in the last 4 hrs so I told him "yes I had 3" he gave me the field sob test(in the video I like as sober!) he then went to his car and asked another office if he had a breathalyzer because his wasn't working right. This can be heard in the video. The other officer said no I don't have one. He asked me to blow anyway. I refused he cuffed me took me to jail. 1 hour later they released me. I DROVE HOME AFTER. Anyway I am going to a jury trail I was wondering what are my chances of wining. I am not some young punk I'm a 32 year old family man with a good Goverment job I have had for 12 years. I understand drinking and driving is stupid. If I had been drunk I would have not drove. I mean no disrespect to any law inforcement. I just think this time the officer made a mistake... We all do. I have never been in trouble with the law.
DUI going to trial
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Uh if this has any job implications I'd Lawyer up.
Lawyer up anyways.
Lawyer up anyways.
If you weren't drunk why didn't you just blow? It would have showed you were below the limit and been done with it on your merry way. Did they take any sample to get a blood alcohol level?
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Get the best lawyer you can afford... seriously that is the best thing you can do. It's not clear if you refused a breathalyzer, a blood draw, or both?
Yes did you take blood or breath test back at pd? I kno here in mass only the breath test at the station is admissable in court. Tge roadside pbt is not and can not be mentioned. Im not sure what or how GA handles ouis. Is the limit .08?
Do u kno what the reading was on the roadside test?
Do u kno what the reading was on the roadside test?
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I wish I would have but I thought it didn't matter because I was already arrested for DUI. No one understands the implied consent rights unless they are PO or lawyers. During jury selection the DA had a real hard time getting the jury to understand them. He spent 20 mins trying to explain I could tell some were still confused. If I ever get pulled over again in the same situation I will ask the officer to take me for a blood test. Myself and the state of Grorgia believe that is the only way to confirm a BAC. In Jan the state of Ga. Said that the breathalyzer is not considered an accurate BAC test. I use a similar machine at work to test air before entering a confined space. This machine is so unreliable that we have to have another person outside with direct communication at all times. I can not tell you how many times it has had false alarms for alcahol jet fuel ect in the air.
Now when you say you had "3 in the past 4 hours" does that mean you only had 3 drinks all night?
Not sure how it is in the rest of the country, but in Wisconsin, you do not have to take the PBT as they are not accurate enough to hold up in court. You do however have to submit to a breathalyzer at the station or a urine/blood test. If the story goes how you say it did, any decent lawyer could get it dismissed.
Not sure how it is in the rest of the country, but in Wisconsin, you do not have to take the PBT as they are not accurate enough to hold up in court. You do however have to submit to a breathalyzer at the station or a urine/blood test. If the story goes how you say it did, any decent lawyer could get it dismissed.
Screw that you never blow.
That's just it I look guilty because I didn't take a test. I didn't know I could have my blood drawn. I hate this. I have 3 good friends that are PO. I wish I would have asked them about things like this before it happened. So to the PO.. Is this a winnable case? You will not hurt my feelings I just want to know what my chances are.
All depends on that police officers testimony. If he explains that you failed the sfst's and believed you were impaired then you have no way to prove that you were not. IMO you don't have anything to lose by blowing because either way your guilty if you blow over.
Yes refusing makes someone look guilty. Understand that if you have never heard the implied consent rights they can be VERY confusing. I heard him tell someone that the machine was not prop working. He asked me to blow after words. I then asked him do I have to? He said no! Then he cuffed me and read the implied consent rights. At that point I was so confused I didn't know what to do. So I said yeah I will blow. He put me in the car and drove towards the station. I asked him am I arrested? He said yes for DUI. At this point I thought that was it. At the station he said do you want to blow I said why I'm already arrested. He didnt answer just put me in a cell. After about 45 mins I posted bail and they let me drive home.
So in trial it's all weather the jury believes the office did his test right? The only thing the PO said I failed was the eye test. I wish I could post the video so y'all could see me. He said in his report I did well on the physical part because I am extremely coordinated. Lol I am not.
I am kind of confused here. First of all, if you don't think you were drunk, you should have blown into the PBT, regardless if the officer said it was working properly or not. Second, just because you don't feel drunk doesn't mean that you are sober. A person's body can become use to the effects of the alcohol, depending on how often/how much they drink. I have had professional alcoholics that have blown in excess of .30 and ALMOST passed all the SFST. Drunk is based upon a percentage of alcohol present in your body, not by how you feel. But, I guess my biggest point and question is this....IF you were arrested and taken to jail, how did your car get to the jail in order for you to drive home??? And, they can't let you drive, that is a choice that you made once you were released from their custody.
im no PO or lawyer...but seems theres no evidence for "innocent until proven guilty"...they have no proof.
Depending on how the Horizontal Gaze Nystagmus test is explained to the jury, it could be over for your case. In case you are not fully aware, it has been proven that alcohol affects the muscles in your eyes and causes distinct reactions such as lack of smooth pursuit (eyes cannot follow an object from one extreme to the other without jerking involuntarily), nystagmus at maximum deviation (when the eyes are at the outward most point they will reach, the eyes are not steady and constantly twitch or jump) and then nystagmus prior to a 45* of onset.
Same kind of thing happened to me years ago. I also passed the field test, refused the breathalyzer. which if I remember right is mandatory six months no license. I took it to court, three different hearings and the office never showed up. The court reviewed the video the officer took of that night and found nothing I did wrong. However because I did admit to having a few beers I still ended up getting a reckless driving.
This sux I guess I will be I jail come Friday night. It should not effect my job but not seeing my 13month old duaghter for 30days is going to suck. I am smart enough to know that PO are often put in hard situations. But I also know that when a cop is just sitting in a cruiser across the street from a bar he is trying to get a DUI conviction. What he didn't know is I had just turn around in the parking lot because the restaurant was to busy to eat at. Also he followed me for 1.3 miles before he pulled me over for dark window tint. He had no indications I was impaired. Just for the record I told him I had 3 beers while watching the entire UGA vs Kentucky game because I wanted to be honest with him I had nothing to hide I was not drunk nor was I buzzing. Thanks for the info
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