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Top Ten DUI Secrets that DUI Police and other lawyers don't want you to knowCall or Email Now! (404) 333-0706 or email at firm@georgialawyer.com1. Refusing a Blood or Breath Test is not an admission of Guilt.Georgia law only provides for a presumption of the presence of the prohibited substance in your system if you refuse to take a State Administered Blood or Breath test in a DUI case. 2. If you Refuse the test you will not definitely lose your license for one year.If you refuse to take the breath or blood test, a license suspension is not automatic if you send a letter within ten business days of your arrest. If you send in the ten day letter with a filing fee made payable to the Georgia Department of Driver Services, then a drivers license hearing will be scheduled with the Officer at the Office of State Administrative Hearings. Only after this hearing can a driver's license be suspended for refusing the State Administered Test of you blood, breath or urine. In fact, refusal suspensions are quite rare when represented by an attorney who can negotiate the suspension away the drivers license hearing. 3. You can beat a breath or blood test result DUI. It is not hopeless.We regularly beat DUI cases with blood test and breath tests results. There are many defenses to a breath test or blood test DUI case. First, was the stop legal. Many cases can be dismissed because of illegal stops. Second, was there enough evidence to arrest you for DUI in the first place known as probable cause. Although relatively rare because the probable cause standard is so low, we have won a number of DUI cases based on a judge finding no probable cause. Third, did the police officer correctly read you the implied consent rights? This is the most common source of police error in DUI cases. We have had hundreds of DUI cases throw out due to the Implied Consent rights or DUI testing rights not being read in the correct manner, at the correct time, or by having conversations which substantially deviate from the statutory implied consent rights. Fourth, was the breath test machine or blood testing records properly maintained or functioning properly? This is another area of success for our firm in defeating DUI cases. Finally, the inherent weaknesses in the science of breath testing creating doubt for jurors. We have won breath tests as high as .143 in front of a jury simply by demonstrating that breath testing is not reliable and as accurate as contended by the State. We often contrast the relative sobriety of our client on the video with the high breath test reading and simply ask do you trust your common sense, your eyes and ears or the government's junk science? The truth of our position is affirmed on a monthly basis by news stories throwing out hundreds of DUI convictions based on flawed alcohol breath testing technology. Don't trust us? Google it yourself. 4. DUI field sobriety tests are not reliable indicators of alcohol impairment.The three most commonly used field sobriety evaluations are the Horizontal Gaze Nystagmus Test or eye jerking test, the nine step walk and turn, and the 30 second one leg stand. These tests supposedly correlate clues with blood alcohol levels but not "impairment" as so often testified to by police on the witness stand. These tests were validated by NHTSA in the 1970's in a controlled environment and using a cross-section of population and found that they are 77%, 68% and 66% reliable. Other non-controlled studies have been done with higher percentages but they have been by police and in the field after midnight which tends to focus a much narrow cross section of the population so as to be less than accurate. HGN is naturally present in approximately 10% of the population without the presence of alcohol. Medical disorders such as inner ear infections, vertigo, water in the ear and Meniere's Disease can cause the eye to jerk or HGN as if alcohol had been ingested. DUI police officers tend to use more than the standardized number of passes for the HGN test and move the pen or target object back and forth several times more than twice for each eye. They claim to be making sure or being careful but in reality they are actually inducing eye jerking or HGN. Most police officers can't name the muscles of the eye they are testing during HGN. The HGN tests the lateral and medial rectus muscles as well as the cranial nerves that innervate the muscles. The 6th cranial nerve or the abducens( meaning abduct or move away from) is tested by the HGN procedure. These muscles are like "rubber bands" and easily fatigue and begin to spasm or "jerk" when over-stimulated. That, of course is the same HGN produced by alcohol ingestion. The nine step walk and turn and the one leg stand are divided attention dexterity tests. These tests are easier to do with practice. The first time you try them they are often impossible regardless of whether you have been drinking. Just ask them about how long it took them to learn to ride their bicycles, ice skate, roller skate or perform yoga balancing moves. Many athletic activities require practice and and frequent repetition in order to perform fluidly. This has no relation to alcohol consumption. The Romberg test is another misunderstood and misapplied test by police in DUI investigations. In the Romberg test, the subject is asked to stand with feet together, tilt the head back slightly, close the eyes, and estimate 30 seconds. The Romberg Test is a test for Upper Motor Neuron disease. Many older adults will fall over when performing this test without the presence of alcohol. We encourage our juries to try these tests back in the jury room so they can see how easy they are to fail. 5. You will not get 10 days in jail for a first DUI arrest.Although the DUI Statute describes the punishment for a first DUI as ten days in jail, it also allows the judge to probate all but 24 hours in jail. Practically speaking sometimes first time DUI offenders can get no additional jail at sentencing. 6. The State Administered Breath test at the jail or police station or the Intoxilyzer 5000 is not always accurate and can be beat in court.The Intoxilyzer 5000 alcohol breath test machine is flawed science. It has to make assumptions. It assumes that you body temperature is normal. If you have a fever, every degree of body temperature variation from normal will cause a 7% change in the breath test result. It assumes your "partition ratio" is 1:2100. This means that for every particle of alcohol in your lungs, it assumes there are 2100 particles in your blood. Human partition ratios can vary from 1:1500 to 1:3400. It assumes that your blood alcohol level has peaked and is decreasing. It generally takes 30 minutes on an empty stomach and 2 hours on a full stomach for your blood alcohol to peak. It you blow before you peak, then your breath alcohol level can be as much as 50% higher than your blood alcohol level because breath alcohol comes from your arterial blood system and blood alcohol is level are drawn from your veins. Women will have a higher blood alcohol level than men after drinking the same amount of alcohol and given the same body size, so using blood alcohol levels as a per se determination of DUI discriminates against women. The Intoxilyzer 5000 has limitations. It can vary as much as .02 between samples because of variations in deep lung air. It can mistake solvents such as acetone, ketones as blood alcohol on the breath. Radio frequency interference from cell phones can cause errors in the breath alcohol readings. It can mistake residual mouth alcohol from burping and belching as blood alcohol. The Intoxilyzer 5000 technology used in other states where it is calibrated between every test automatically as opposed to every three months averages 80 errors per month. This is not science fiction. We have the Police Training manuals and Owner's manuals which spell out these very flaws and we use them in court. 7. The legal limit of 0.08 is not drunk.Most people think that if you blow over 0.08 (the legal limit in Georgia) that you are drunk. Not true. Most people can perform field tests quite well at the .08 level and even hold their legs up for 30 seconds or more. They will not have slurred speech or stagger or stumble. They simply will not be drunk. They may not be sober. Alcohol affects different people differently. Some people are not even drunk at .13 or .15. That is why if you refuse to blow or we get the breath test thrown out of court, we can often win your case. If the State does not have breath or blood, then they have to prove you are less safe to drive or that you are drunk which is often hard to do because the legal limit is so low and seemly arbitrary. 8. You don't have to pay a court appointed attorney before you go to court.Although in some jurisdictions, you will have to reimburse the county for court appointed attorney, you will never have to pay one up front. If someone calls you and says they have been appointed by the court to represent and want some money then call the State Bar of Georgia or tell the judge what is going on because you are being scammed. 9. If your attorney tells you to plead guilty at arraignment, he probably has not done his job.Most Courts don't provide attorneys with needed evidence to evaluate your case until at least after arraignment and sometimes not until 10 days before trial. Before you plea, make sure your lawyer has reviewed the police report and video tape. 10. Good Lawyers are not Cheap, and Cheap Lawyers are the most expensive.Cheap Lawyers are just in it for the money. Cheap Lawyers are about getting in and out of court in as little time as possible. It does not matter if you win, lose or get creamed. They are minimizing time and maximizing money. Cheap lawyers use unethical methods to obtain clients and often violate bar rules trying to get you to hire them. See Georgia Bar Rule 7.3. They will pay people to solicit you in the system, like bail bondsmen and impound lot workers. A lawyer paying people to recommend them is a violation of Georgia bar rules. They will get tow truck drivers, employees at the impound lot, fireman, EMT, workers at the jail, bail bondsmen to suggest you hire them or hand you a pamphlet or card and tell you to call this lawyer without you asking for their advice or opinion. Unsolicited personal contact by a lawyer or any other person to hire a certain lawyer is not only unethical but a violation of Georgia Bar rules. If a lawyer know this is how a client got his name it is unethical for him to take the case. The only legal way to market to potential clients is through non-verbal advertisements, pamphlets and direct mail. Good lawyers do not run cases or hire people to direct you to them. So, if you were verbally solicited by a lawyer, either directly or indirectly, run away before it is too late! If they are willing to risk their right to practice law in Georgia to get money, think about how easily they will disregard your rights for an easy profit. You can often identify them: first, if you were solicited in this way, and second, because as soon as you hire them you can never get them on the phone. Good Lawyers work for client referrals. Good Lawyers know that justice and a good result take time. Time reviewing and investigating your case. Time collecting videos, police reports, medical records and witness statements. Time waiting in court and going back to court again and again waiting for that good deal or opportunity for a dismissal that is surely coming. All lawyers sell time. All lawyers charge by the hour. They may charge a flat fee but they are just averaging time over all of their cases. Ask your attorney how many DUI cases he has taken to a jury trial and won. If they never have or its been more than a few years, be very very worried. If they tell you to plea at your first court appearance be very very worried. If they don't have a copy of the DUI police officers fieldl sobriety training manuals and breath test manuals, then they are not fighting alot of DUI cases. You will also not be able to get Cheap lawyers on the phone, will always get an answering machine or might even get yelled at if you call them too much. Good lawyers are available. They will give you an email address and their cell phone. Good lawyers are accessible. But access takes time and time costs money. Call or Email Now! (404) 333-0706 or email at firm@georgialawyer.com |
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To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens-Clarke County, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Bibb, Carroll, Douglas, Rockdale, Spalding and Walton Counties. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia. No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2010 George C. Creal, Jr. P.C. 
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