During a DUI investigation, police must arrest you prior to reading the breath test rights or implied consent rights.  If they do not, the breath can be suppressed.  As consent is not implied until after arrest, Officers can not arrest for “suspicion” of DUI in Georgia and then take you to the station to see […]

During a DUI investigation, police must arrest you prior to reading the breath test rights or implied consent rights.  If they do not, the breath can be suppressed.  As consent is not implied until after arrest, Officers can not arrest for “suspicion” of DUI in Georgia and then take you to the station to see […]

A St. Petersburg Florida police officer was arrested for DUI Sunday morning February 18, 2007while off duty
Officer Steven J. Pugh was arrested around 2 a.m. Saturday.  He was found sleeping behind the wheel of his parked personal car around the 5400 bolck of Shore Blvd. in Gulfport, Florida.  Pugh contends that he had […]

Athens Clarke County Officer Gregory Gilchrist, 36, was arrested on a drunken-driving charge early Thursday, (February 15, 2007) morning in southeastern Clarke County.  An unknown type of chemical test indicated that he had a blood-alcohol content level of 0.185 although it is not clear if this was a field breath test, a blood test or […]

In Wright v. State, the Georgia Court of Appeals held that a roadblock was constitutional if it was initiated by a Sergeant supervising all Troopers at a particular Post and he used a Roadblock Approval Form. The Sergeant testified that under an unintroduced Georgia State Patrol Policy he has the authority to authorize roadblocks. In […]

In Georgia under the implied consent law, citizens are required to give samples of their blood breath or urine in order to determine if they are under the influence of alcohol or drugs. However, citizens are entitled to additional tests of their blood, breath, urine or other bodily substance from qualified personnel of their own […]

The Sarasota Herald Tribune reported recently that a Florida Sheriff’s Deputy is under investigation after utilizing a suprise handcuffing technique. After an arrestee was told by the Officer to perform a fake sobriety evaluation as a ruse to handcuff the suspect, the Officer slammed the arrestee into the car.  While trying to get handcuffs on […]

CBS Investigative Reporters in Denver recently reported that Denver Police turned off video cameras recording DUI breath testing.  After recently suffering acquitals of DUI arrests where the defendant was not observed for 20 minutes prior to the breath test to exclude the possibility of mouth alcohol, the cameras were coincidently turned off.  Police don’t want […]