Tips & Advice
INFORMATION FOR THOSE Who've Been Arrested for DUI IN GEORGIA
Here to let me help you
5 things the Prosecutor does not want you to know
about your Georgia DUI case:
- The roadblock in your case was not properly set up.
- The arresting officer has left the force and moved
out of state.
- He has the results of your blood test and it's under
the legal limit.
- The officer questioned you after you were arrested
and did not read your Miranda rights to you.
- The Intoxilyzer 5000 ® breath testing device
detected an interfering substance, and the officer did not wait twenty minutes
to retest you.
Elements of DUI that the
prosecutor must be able to prove at trial:
- That YOU
- Drove or
were in actual physical control of a moving vehicle
- While either:
(a) You had an unlawful blood alcohol level within three hours of driving from
alcohol consumed prior to driving;
(b) You were under the influence of of alcohol or any drug to the extent that
you were incapable of driving safely; or
(c) You had any amount of an illegal drug in your system at the time of
What you must do immediately to preserve your right to drive:
- If you either refused the
test or registered for an unlawful blood alcohol level, you must request an
administrative license suspension hearing within ten days of your arrest (do
not count the day of your arrest, weekends, or Georgia State holidays).
- Failure to do so can
result in a suspension of your driving privileges in Georgia for up to five
years, and that's before you even go to court on your DUI..
Information your attorney
needs to know.
- A detailed account of the 24 hours prior to your
The type and
amount of alcoholic beverage you consumed prior to your arrest.
Over what time
period you consumed the alcohol.
Your weight at
the time of the arrest.
Whether you had
chewing tobacco or dip in your mouth when stopped.
Whether you had
bleeding gums when you took the breath test.
If you were in
contact with any volatile chemicals prior to your arrest.
Why the officer
the officer asked you when stopped and what were your responses.
tests the officer asked you to do.
How well you
performed on any roadside test.
officer made a video tape of your arrest.
After you were
placed under arrest, did the officer read the Georgia Implied Consent Notice
to you off of a card.
took the official test requested by the officer.
What were the
are any witnesses that can support your version of events leading up to your
Were there any
witnesses to your actual arrest.
Are you on
probation or parole.
What are the 3 items crucial to
the defense of your Georgia DUI case?
Immediately contacting an attorney who
specializes in DUI defense,
Who will assess your case and discover
both obvious and hidden defenses, and
Who has the experience to represent
you at your administrative license suspension hearing, motion hearing, and, if
necessary, at trial.
What is the one thing your attorney must do to raise objections
to the admissibility of harmful evidence?
Why a jury trial is usually
advisable for your Georgia DUI case:
How do you get a
If your case starts off in Superior or
State Court, a jury trial is automatic unless you specifically give up that
right in writing.
If your case starts of in Municipal
Court, you must transfer your case to State or Superior Court in order to
have a trial by jury.
How the arresting officer's testimony can be impeached:
He testified one way at the
administrative hearing or motion hearing, and changed his testimony at trial.
You must have a transcript of the prior hearing to catch him.
His partner has a different recollection
5 requirements which must be followed for chemical and roadside tests to be
In order to stop you, the officer must
have either reasonable articulable suspicion or probable cause.
(a) An example of probable cause is the commission of a traffic offense.
(b) An example of reasonable articulable suspicion is weaving within lane of
traffic. This is not a traffic offense and thus is not probable cause.
The officer must have your consent, either verbal or tacit, to take roadside
tests. Roadside tests are voluntary. You have a right to refuse them prior
to an arrest. After an arrest, if the officer wants you to take any of these
tests, he must first read the Miranda warnings to you, and you
still have a right to refuse to take them.
(Hint: Most officers have a difficult time testifying as to the proper
method of administering and scoring these tests).
The officer must have probable cause
to arrest you. Keep in mind that the purpose of the roadside tests is to
help establish probable cause to arrest you.
In order for any state test to be
admissible at trial,
(a) The officer must read to you the proper Implied Consent Notice (there
are three different ones),
(b) AT THE TIME OF THE ARREST
(c) he must read it correctly,
(d) and he cannot say anything else that would confuse you and cause you to
make an improper decision regarding your rights..
In Georgia, after you've been
arrested, if the officer
wants to interrogate you or conduct any roadside tests, he must
first advise you of your Miranda rights.
What are the key pieces of information
that must be determined in deciding
to go to trial?
How would a DUI conviction and loss of
driving privileges affect:
(a) Your ability to drive
(b) Your job
(c) The cost of insurance premiums
(d) Your credit
(e) Possibly even your marriage.
How to determine if you can plea bargain, and at what step you should do it.
It's simple. Taking into consideration
the effect a conviction would have on your job, insurance, credit, ability
to rent a car, etc., you must determine:
(a) Whether it is worth it to plead guilty and be assured of a DUI
(b) Whether it is worth it to fight and at least have a chance of having
your charges reduced or dismissed.
What effect will this arrest have on
your license and when will you be able to
If your blood alcohol was over the legal limit or you refused a test, you
may not be able to drive at all for up to five years, depending upon your
For a first offense within a five-year period, you are entitled to a
limited driving permit for 120 days after which you can have your license
reinstated if you comply with certain requirements
For a second
offense within a five-year period, you will have an eighteen month
suspension with no limited driving permit for the first twelve months.
After that, usually you can obtain an ignition interlock
permit for the remaining six months.
For a third offense
within a five-year period, your license will be revoked for five years.
After two years, you may get an ignition interlock permit for six months,
and then a probationary license for two and a half years.
Failure to file
the following motions could be fatal to your case.
Standard discovery motions,
(a) A demand for any scientific reports, which include any test reports of
you blood, breath or urine as well as the results of certain roadside tests
you were given..
(b) A demand for any custodial statements you might have given.
(c) A motion to inspect and examine certain physical evidence in the custody
or control of the State.
(d) A motion to reveal the deal the prosecutor might have made with any
(e) Demand for a copy of the charges and a list of witnesses the State
intends to use.
(f) A demand for any and all evidence favorable to your case in the custody
or control of the prosecutor.
Motion to suppress evidence on any of
the following grounds:
(a) The officer did not have articulable suspicion or probable cause to stop
(b) The officer did not have probable cause to arrest you.
(c) The roadblock was improperly established.
(d) The officer's request to search your vehicle exceeded the permissible
scope of the initial stop.
(e) Your post-arrest statement was given without the proper Miranda
(f) The State did not comply with the statutory or procedural requirements
to allow in the results of your breath or blood test.
Your lawyer will
file these and perhaps other motions to protect your rights and give you the
best chance of winning your case.
Procedures your defense
lawyer will use:
Give you a thorough assessment of your
case and discuss with you all applicable defenses.
Request an Administrative License
Suspension Hearing to try to save your license from being suspended before
you even go to court.
Waive your arraignment and plead Not
Guilty on your behalf so you do not have to appear at the arraignment.
File motions and have a hearing to
exclude evidence as discussed in the section immediately preceding this
Try to negotiate a deal to lesser
In the event that plea negotiations
are unsuccessful, and if you the client believes it is in your best
interest, proceed to trial.
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1999-2011, J. Michael Mullis, Attorney at Law
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