DUI going to trial

[Lt. ZO6]

Seems pretty straight forward...

§ 40-5-55. Implied consent to chemical tests


(a) The State of Georgia considers that any person who drives or is in actual physical control of any moving vehicle in violation of any provision of Code Section 40-6-391 constitutes a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered 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. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities.

(b) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392.

(c) As used in this Code section, the term "traffic accident resulting in serious injuries or fatalities" means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.

 

[silver03svt]

If you don't consent to a breathalyzer in Montana, you are automatically arrested and lose your license.

Is this a roadside Preliminary Breath Test (PBT) which in most states is inadmissible, OR the Breathalyzer, which is usually given at the police station/jail and is admissible as evidence?

In VA, refusing the PBT is legal, whereas refusing Breathalyzer can lead to the refusal charge.

 

[r103]

Lt Z06 I'm sorry maybe I just some dumb ass redneck but when someone says blow into this after telling me it hasn't been working. It raises concern. Then when I asked do I have too? He simply said, No. Puts me under arrest. Now we several emotions are going threw me. I'm confused, worried about my wife, worried about 7month old baby, and pissed off. But I am expected to hold my composure (which I did) he then reads me the long ass law off a tiny little card in the dark. It refers back to section codes and uses word I was not fully understanding. It is easy for you to say it seams simple cause you deal with this type of stuff everyday. I tell you what I will pull a page out of my 1c-17A-HMS-22-06 T.O. I will read it to you and then you can check what it is referring to on the aircraft. See to me everything in that T.O. Seems easy and straight forward I use it everyday.

 

[ZWilson07]

Goodluck

 

[boostaholick]

im no officer but i would of fired my lawyer if a case like this even got mentioned of going to jury trail, if everything you say is correct and they had the cop following you for 1.3miles, and video of the field test and the fact you got released from jail one hour in. a decent public defender would of gotten that case dismissed after the arrainment. so good luck with the case, hopefully ur lawyer shows up with his ducks in a row today.

 

[RDJ]

im no PO or lawyer...but seems theres no evidence for "innocent until proven guilty"...they have no proof.

there is no such thing as "innocent untio proven guilty" as you are so fond of saying.

it is "PRESUMED innocent until proven guilty" there is a HUGE difference. you should learn it.

 

[Lt. ZO6]

Lt Z06 I'm sorry maybe I just some dumb ass redneck but when someone says blow into this after telling me it hasn't been working. It raises concern. Then when I asked do I have too? He simply said, No. Puts me under arrest. Now we several emotions are going threw me. I'm confused, worried about my wife, worried about 7month old baby, and pissed off. But I am expected to hold my composure (which I did) he then reads me the long ass law off a tiny little card in the dark. It refers back to section codes and uses word I was not fully understanding. It is easy for you to say it seams simple cause you deal with this type of stuff everyday. I tell you what I will pull a page out of my 1c-17A-HMS-22-06 T.O. I will read it to you and then you can check what it is referring to on the aircraft. See to me everything in that T.O. Seems easy and straight forward I use it everyday.

Explain to me how difficult the implied consent law is...

Basically boils down to if the officer has PC, and you refuse to provide a sample, you lose your license.

You were informed of this on at least two occasions:

• When you received your driver's license
• when you got arrested for DUI

 

[ashleyroachclip]

Do you not remember your RIGHT to remain silent , and not incriminate yourself .
Keep your mouth shut in the future and you won't be in this position .
As soon as you admitted to drinking,the PO had probable cause.

 

[black4vcobra]

OP, did you take a breath, blood, or urine test at the police station (or hospital)?

If not, the police do not have a good idea of what your BAC was. You can (and should) legally refuse the PBT. From a GA criminal defense lawyer's website found here: Georgia DUI Frequently Asked Questions | Griffin DUI Lawyer Singleton & Singleton | Spaulding County Drunk Driving Defense

"What is a “PBT”?

The “PBT”, or preliminary breath test, is the hand-held device the officer will ask you to blow in while on the side of the road. This PBT reading is not admissible in Court and often causes officers to place you under arrest according to evidence that cannot even be used in Court. You should always decline to blow into the PBT; however, you are required under Georgia Law to provide the officer with a sample of your blood, breath or urine. Therefore, you should probably consent to blow into the Intoxilyzer 5000 machine, which is the larger machine at the police station. Your license may be subject to suspension if you refuse to take this Intox 5000 test. (See “Do I have to take a blood or breath test below”)

What is a Chemical Test?

A chemical test usually includes a breath, blood and/or urine test. Breath tests usually require that you breathe into a Georgia state approved testing machine. Blood tests are administered by drawing blood with a needle from your arm. Urine tests are administered by collecting a urine sample.

Do I have to take a blood or breath test?

No, you don't. However, if you refuse to take a chemical test your license is likely to be revoked for one year. Whether you take one of these tests or not, you have a right to a hearing with DDS to determine if your license will be taken away. By requesting a hearing, you become entitled to keep your license until the date of the hearing. You should have been given a 1205 form and you only have 10 days from the date on the form to ask for a hearing, so you must contact Dwayne C. Singleton immediately!"

 

[cbj5259]

I can only speak on this from the perspective of the implied consent law in PA, as that's where I work...it sounds like it is similar where the OP was stopped and arrested.

When you get a drivers license it says in the fine print that by accepting the drivers license, you will consent to a chemical test request by the police. You do not have the right to consult with an attorney first and you may not refuse. If you refuse you are subject to (in PA at least) enhanced criminal sanctions such as a license suspension and you will still be charged with DUI...at the highest rate of intoxication.

The PBT is nothing more than a field test. It is designed to help the officer gauge your level of intoxication, just like the one legged stand and the nine step test. These tests are as much for the drivers benefit as they are for the officer. If you do well on them, you will not be arrested. If you fail them, you will be arrested and taken for a chemical test. By refusing to take a PBT or perform field tests, you are leaving the officer with little option but to arrest you. The fact that the officer asked you to submit to field tests in the first place means that he/she already believes you are most likely to intoxicated to be driving. I've had several people refuse to do anything... No field tests and no chemical test, and then argue that I had no evidence they were drunk. On every occasion they have been convicted. When you leave the officer with nothing other than his or her observations, that is what the judge and jury will hear.

Sent from my sharona

 

[4VFTW]

Should have blown into the tube as instructed and then the fact he mentions its defective could have been your argument in court had you failed. You refusing means you knew you were guilty!

WTF when this this country become Nazi Germany:bs: Refusing the test does not equal guilt and will not in court. they will use the video to try to determine your state of sobriety. Your biggest problem is admitting you had any drinks...make the cops work for their money.

 

[SNCBOOM]

Hopefully it'll work out for you, I would be very surprised if they gave you 30 days though. Usually the 1st DUI conviction will result in 24 hours of jail time and they do tend to give you credit for time-served on the night of the arrest. They will usually let you come in on a weekend if you're cooperative. You should be able to obtain a work/school driving permit, 20-60 hours of community service, Victim Impact Panel, and 20 hours of DUI classes.

 

[Lt. ZO6]

WTF when this this country become Nazi Germany:bs:

Was the OP loaded on a cattle cart and gassed at some camp?

Refusing the test does not equal guilt and will not in court.

The implied consent is an administrative action against a driver's license. Refusal does not mean guilt; however, will result in the loss of the license in most cases.

they will use the video to try to determine your state of sobriety.

Don't forget about the officer's observations.

Your biggest problem is admitting you had any drinks...

The OP's biggest problem was drinking several alcoholic beverages prior to driving, not the fact he admitted to drinking.

make the cops work for their money.

Yeah, make it tougher for the police to keep dangerous drivers off the road. Nice philosophy.

 

[JBird_Cobra]

Having gone through the DWAI/DUI process myself I can say that everything in the post above me is true.

 

[Zemedici]

Was the OP loaded on a cattle cart and gassed at some camp?



The implied consent is an administrative action against a driver's license. Refusal does not mean guilt; however, will result in the loss of the license in most cases.



Don't forget about the officer's observations.



The OP's biggest problem was drinking several alcoholic beverages prior to driving, not the fact he admitted to drinking.



Yeah, make it tougher for the police to keep dangerous drivers off the road. Nice philosophy.

:beer: Listen to this guy, he knows what he's talking about, and is level-headed about the situation.

Good luck OP, next time if you're not drunk, take the breathalyzer. If you've hardly drank you shouldnt have anything to hide.

 

[SNCBOOM]

:beer: Listen to this guy, he knows what he's talking about, and is level-headed about the situation.

Good luck OP, next time if you're not drunk, take the breathalyzer. If you've hardly drank you shouldnt have anything to hide.

Problem is, you can still be charged and arrested even if you blow below the legal limit.

 

[Zemedici]

Problem is, you can still be charged and arrested even if you blow below the legal limit.

Was talking about the test at the police station, not the PBT. sorry if that was unclear.

However, from what i've read/heard, refusing the PBT is almost guaranteeing a ride in the backseat, right?

 

[badws6ta]

oh hush, you talked about how stupid I sounded and now your claiming name calling.... Like a kid. My whole point was it's very hard to tell if tint is illegal AT NIGHT TIME (you know the dark) so it's obvious BS stop. carry on officer.

I've gotten some of my best arrests from stopping cars for tint. Tint laws are in place for a reason; if you don't want to get stopped for tint then make sure it's legal tint. 28% on the front and 15% on the back in FL, which is one of the more lenient states. It's not a BS reason at all. Dark tint is a safety issue which is why the laws are in place.

 

[Lt. ZO6]

I rely on the results of SFST's and the HGN to make up my mind if I believe the driver is intoxicated. I always administer the PBT last.

 

[turbotrail93]

I've gotten some of my best arrests from stopping cars for tint. Tint laws are in place for a reason; if you don't want to get stopped for tint then make sure it's legal tint. 28% on the front and 15% on the back in FL, which is one of the more lenient states. It's not a BS reason at all. Dark tint is a safety issue which is why the laws are in place.

I now have a tint waiver because I have photophobia (I guess it happens to a lot of people with blue eyes) so I couldn't care less. I never said it was a BS reason to always pull someone over, I feel at midnight it's hard to tell if anyone's tint is illegal or not unless you have no tint at all and it was obvious the cop was just looking for a reason.