In Georgia if you submit to a chemical test and register a high enough result or if you refuse the test your license may be suspended before you ever go to court. Blowing into the machine and not registering a numerical value may constitute a refusal.
DUI (The Basics)
Most of our clients have never been in trouble for anything other than a minor traffic ticket. However, some of our clients have been through the process before. Regardless of which category you fall into, we understand how upsetting the whole incident is. We want to help you.
A DUI has several different elements, but the main element is driving or being in actual physical control of a moving vehicle. The burden is on the State to show that the officer had a legal basis for stopping or approaching the vehicle. In the event that a person is stopped at a roadblock, the State must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These issues are somewhat complex. Lawyers who do not focus on this area of the law will not be abreast of the latest cases that affect people's rights.
The next element of the DUI case is the officer's investigation and determination that there is enough probable cause to arrest the person for DUI. The State must show that it is "more likely than not" that the person behind the wheel of the car was a less safe driver as a result of drinking alcohol. Many cases involve the use of field sobriety tests. These tests can help an officer make up his mind about whether or not a person should be arrested.
Once a person is arrested, the officer MUST read at the time of arrest a person's Georgia Implied Consent warnings. These warnings must be read in substantial compliance with the statute. In 1997, We worked on three appeals to the Georgia Court of Appeals that required the officer to read the warning word for word. Unfortunately, many officers were unable to read the card properly. The Legislature changed the law with what we call the "Police officer's literacy act." The law was changed to help those officers that have a difficult time reading the card. There are three different warnings, and the officer must read the correct warning. This warning gives people the option of either taking a State test or refusing the test. The officer chooses the test. The officer also must advise a person that they have the right to an independent chemical test of their own choosing. Sometimes, an officer is not willing to give a person their independent test. This may be grounds for the exclusion of the State test. People do not have the right to have an attorney present at this point in time.
Generally, the final part of the case is the State administered test or lack of a test. If a test is given, the State must prove that the test was done properly and on a machine that was working properly.
What will we do to help you?
We will make sure that the State can prove all of the above. We are entitled to all reports that are favorable to your defense. We are entitled to all witnesses who may testify against you. We are also able in many cases to review a videotape prior to going to court. Legally, we are not entitled to a copy of the videotape. However, most prosecutors will allow us and our clients to watch the videotape before we ever set foot in the court room. These tapes are very helpful in the defense of a case. In addition, they may also be the worst enemy of a person in a case. One case we had was fantastic, our client appeared perfectly sober until he was placed in handcuffs. The officer let the video and audio run and our client just began uttering ridiculous statements. He told the officer he was too drunk to drive. He told the officer that he had been drinking all day but stopped so he could sober up and the officer should cut him a break. When the officer did not stop the car and let my client out, he began to berate the officer with horrible profanity. Needless to say, our client did not remember any of the bad things, however the tape did not lie.
As your attorney, we are entitled to contest certain aspects of the case prior to a trial. We can use motions to suppress evidence that has been gathered illegally. In some cases, a granting of a motion or the presentation of a motion to the State will cause them to reduce the charges. We will do whatever we can to win the case before we go to trial. In the event that a trial is mandated, we can bring in expert witnesses to contest the field tests or chemical tests. However, we guarantee that if you walk into court and plead guilty there is a 100% chance that you will be found guilty. Please call us to talk about your case or click here. The consultation is FREE.
Remember if you took a test and blew above .02, .04, or .08 or you refused the test, you must call us as soon as possible so that your privilege to drive is not taken away before we ever set foot in the courtroom. ADMINISTRATIVE LICENSE SUSPENSION
In Georgia your Driver's License can be suspended before your criminal case is resolved. It is possible to suffer a suspension of your license and then be found not guilty at trial. There are two ways to have your license suspended before you are convicted of DUI.
If you refuse to take the requested State administered chemical test, or if you take the test and the result is a "per se" violation. Per Se is the level that the Legislature set that can mean guilty of DUI regardless of other factors. Simply the illegal act is having that specified amount of alcohol in your body. These levels are 0.08 grams% or more if arrested after July 1, 2001 and you are age 21 or over, 0.02 if you are under 21, and 0.04 if you were operating a commercial vehicle. (If arrested before July 1, 2001 and you are age 21 or over, the legal level is 0.10 grams% or more.)
Following the arrest and test or refusal, the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This report is known as a DPS form 1205. The entire process is separate from any criminal hearing. The Administrative hearing is conducted by the Office of State Administrative Hearings (OSAH) . They are a totally separate agency set up by the Executive Branch of government to hear all kinds of issues. Some issues include workers compensation cases, health care issues, and even barber shop licensing!
If you either refuse to take the test or register a "per se" alcohol level, you have ten business days to request an administrative hearing. Legal State holidays, weekends, and the day you were arrested do not count. If you do not request the hearing within the ten business days, you can severely hurt your case and the following penalties apply:
REFUSING THE TEST
If you are read the Georgia Implied Consent Warning, you are given an option of refusing the State test. Should you refuse to take a test, your license can be suspended for up to one year without any work permit. The only way to get your license back is to win your DUI case at court or have the case reduced to a non-DUI charge. If you did not send a letter within 10 days of arrest, your license will be suspended on the 31st day after arrest.
THE "PER SE" VIOLATION (REGISTERING ABOVE 0.02, 0.04, 0.08)
Under 21: Per Se is .02
Over 21: Per Se is 0.08
Commercial Driver in Commercial Vehicle: Per Se is .04
If arrested before July 1, 2001 and over 21, the Per Se is 0.10
For a first offense within five years, if the officer initiates a "per se" suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one year. However, you may obtain a 30-day work permit. After this permit expires, you can receive early reinstatement of your driver's license if you complete DUI school and pay the appropriate reinstatement fee ($200.00 via mail and $210.00 if you apply in person). The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. Note, if you are a commercial trucker, the work permit is NOT good in the commercial vehicle it only applies to a personal car.
For a Second offense within 5 years, after July 1, 2001, the period of suspension shall be for three years. No work permit is allowed for 12 months. License reinstatement can take place within 18 months. Following interlock ignition requirements, Alcohol and Drug rehabilitation courses, DUI school, and a restoration fee.
For a Second offense within 5 years, before July 1, 2001, the period of suspension shall be for three years. No work permit is allowed for 120 days. License reinstatement can take place within 10 months. Following interlock ignition requirements, Alcohol and Drug rehabilitation courses, DUI school, and a restoration fee.
For a third offense within five years, if you do not request a hearing in a timely manner, or if you request a hearing and lose, your drivers license is suspended for five years. No work permit is allowed. You can seek a probationary license after two years.
If you receive an administrative suspension the time should be credited against any suspension that is received following the criminal case. The law holds that this applies for all offenders except third offenders in five years. However, if you receive an administrative suspension because you refused to take the state test, none of the suspension time will be credited against any suspension you receive if you are convicted or plead guilty.
REMEMBER YOU HAVE 10 BUSINESS DAYS TO REQUEST THE HEARING, OUR OFFICE WILL BE HAPPY TO DO IT FOR YOU, PLEASE CALL US AT 404-250-1113
DUI PENALTIES
What is the penalty for a first DUI conviction within a 5 year period?
FIRST OFFENSE WITHIN 5 YEARS*
A fine of $300 to $1000 plus any statutory surcharges (usually an additional 15-25%); 10 days to 12 months in jail (the Court may suspend all but 24 hours); 12 months on probation, less any jail time imposed; Minimum 40 hours of community service in most circumstances; Suspension of driving privileges for one year. You may apply for early reinstatement of full driving privileges after 120 days if a DUI school course is completed and a license reinstatement fee is paid. A limited driving permit may be available for use during the suspension period. *(for drivers with Georgia license over age 21 and of non-commercial vehicles)*
SECOND OFFENSE WITHIN 5 YEARS (for arrests made before July 1, 2001)
A fine of not less than $600.00 nor more than $1,000.00 plus any surcharges. A period of imprisonment of not less than 90 days nor more than 12 months (the Court may suspend all but 48 hours in jail). Minimum 80 hours of community service, except if you are under 21 where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service is a minimum 40 hours.
SECOND OFFENSE WITHIN 5 YEARS (for arrests made after July 1, 2001)
A fine of not less than $600.00 nor more than $1,000.00 plus any surcharges. A period of imprisonment of not less than 90 days nor more than 12 months (the Court may suspend all but 72 hours in jail). Minimum 30 days of community service, except if you are under 21 where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service is a minimum 40 hours.
License Suspension for at least 12 months. There is no work permit during the first 12 months and then with the Judge's consent you can have an interlock ignition device installed on your car for six months. You may be able to reinstate after 18 months. An alcohol and drug evaluation with a 17 week counseling program is required. This is not DUI school, but you will have to attend DUI school as well. 12 months of probation are mandated, you will have a picture placed in the local legal newspaper and a license plate on all cars owned by the defendant must be surrendered.
THIRD OFFENSE WITHIN FIVE YEARS
(You will become a Habitual Violator if convicted) A fine of not less than $1,000.00 and not more than $5,000.00. Mandatory jail time of not less than 120 days nor more than 12 months (the Court may suspend all but 15 days). Not less than 30 days of community service, except if you are under 21 where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service is a minimum 40 hours. DUI School is mandated along with an alcohol and drug treatment assessment. A FIVE YEAR LICENSE SUSPENSION. A work permit may be available after two years. A picture will be published in the local legal newspaper. 12 months of probation are also mandated.
Commentary on Sentencing: The five year window is significant. However, a Judge can and will look at the lifetime of offenses before determining a sentence. A good Judge will look at the facts and circumstances of each person in front of them before passing judgment. Many prosecutors will not look at anything other than the history of the person charged.
It is our job to present your case in the best light possible. We will advise the majority of our clients to address any problems before we go to court. It makes sense to seek help on your terms before a court will impose a sentence. We will look at the facts of your situation, job, family, legal history, financial situation and offer the advice that we think will help your cause, it is up to you whether you use it.
MOST COMMON QUESTIONS OUR CLIENTS HAVE ABOUT THEIR DUI CASE
Can I win?
Yes. In our opinion a win is obviously a not guilty verdict or an outright dismissal. However, we also look at a win as a DUI charge that is dropped or reduced to another offense. Many times, we are able to explain the weakness of the case to the Prosecutor and he or she will reduce the case, because they understand that a DUI may be difficult if not impossible to prove. After learning of the facts of your case, we will tell you what we need to do to win and what chances of success we think we have.
Can I plead Nolo or No Contest?
In the last few years, the Georgia Legislature tightened the rules on DUI s. A nolo plea prior to May 1, 1997 could save your driver's license. However, it is of little use today, because it will not save the license. It may carry some benefits in the event of an auto accident where liability is an issue.
Will the Prosecutor know my record?
In Georgia, the State has access to your history. In most cases the State will know all about your prior record. They will also know if it is clean. The State may run a national criminal history which should show prior offenses in other states. However, it is not our job to present this evidence to the State. We must know about your past, so we can adequately prepare a defense to any questions that arise.
How long does a DUI stay on my record?
In Georgia, a DUI stays on your record forever. It does not age off.
I live outside of Georgia, how will this affect me, and will I have to return for court?
Georgia can only suspend your privilege to drive in this State, it cannot suspend your license. In addition, it cannot issue any kind of work permit for a person with an out of state license. However, if convicted, your state will most likely find out and issue some sort of suspension. Most likely, you will have to return to Georgia for court. We will work out all cases so that you have to return as little as possible. In a few cases, We have managed a plea in absentia, where our client never had to return.
Can I go to jail for this?
Yes, a DUI carries a maximum penalty of 12 months in jail and a minimum period of 24 hours in jail. DUI has become a very serious issue, and most judges can give jail time for even a first offense. Most judges will look at a lifetime record. Even though the law only has specific penalties for DUIs within a five year period, it is not uncommon for a Judge to look outside that window to determine a sentence.
What is the 10 day Rule?
In addition to your tickets, you may have gotten an 8 x 10 yellow piece of paper that says Georgia Department of Public Safety. This is known as the DPS form 1205. If you either refused to submit to the official state test, or if you submitted and have a test result of 0.08 grams or higher (age 21 or more), .04 or higher (if operating a commercial vehicle), or .02 or higher (if under age 21), the state will attempt to suspend your license or privilege to drive for one to five years. This attempt to take away your right to drive will occur PRIOR to any trial (in most cases) and will be automatically entered against you unless you file an "appeal" letter within 10 business days after the date of arrest.
Filing an "appeal" gives you the chance for a hearing with an independent Judge. It is separate from the criminal case, and the issues to be dealt with are completely different. The result of the hearing will determine if you will be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Georgia prior to your trial. We will be happy to file the appeal for you.
Can I get a work permit?
Unfortunately, it depends on a lot of factors. If it is a first offense and you are not administratively suspended for a refusal and you have a Georgia Driver's License, you should be able to get a permit. If it is a second offense in five years, the answer is not until 12 months have passed since your conviction and you have an interlock ignition device installed on your car. If it is a third offense in five years, a permit is only available after two years. However, if you have been administratively suspended, the answers may change. There are so many scenarios, that we cannot give a definite answer. We will look at your situation and answer your question. It costs nothing to talk to us, just call us at 404-538-3373 or click here to e-mail us.
What is an interlock ignition device?
It is a device that is installed on the steering column of the car and will require a breath sample in order for the car to start. In addition, it will beep at intervals and require breath samples. If any alcohol is detected, the car will shut off. An interlock device is required on all second offenses within a five year period. Some jurisdictions require an interlock on all second offenses lifetime.
When can I speak to an attorney at Head, Thomas, Webb & Willis?
Generally, we are in court on most days. However, you can call our emergency hot line at 1-800-659-0040 and one of us will return your call. You can also e-mail us by clicking HERE.
FIELD SOBRIETY TESTS
In most DUI cases, an officer will ask a person to perform a battery of three tests. The tests are the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand. These are the tests that the officer has been trained on by the Georgia P.O.S.T. These tests have been studied and approved by NHTSA. The officer will generally record his observations in a police report. Chances are, his observations will differ from what really took place. Hopefully, there is a videotape that will dispute the officer testifying that "the driver could not keep his foot up" , or the tape may reveal that the driver was not swaying quite as bad as the officer said. In our experience, we find that most officers will exaggerate the driver's performance on the field tests in order to convict a person. However, we find that most clients believe they performed well on the tests when they don't know what to look for.
What does this mean?
THE HORIZONTAL GAZE NYSTAGMUS TEST
The Horizontal Gaze Nystagmus is a test designed to measure the jerking of the eye. There are three ways to measure this "jerking". The first is to check for smooth pursuit or checking to see if the eye is pulling or "jumping" as it follows a stimulus. The next check is done to see whether the nystagmus becomes more "distinct" when the eye is moved to a lateral extreme or maximum deviation. The final measure is the angle of the onset of nystagmus. By measuring the angle at which the eye begins jerking, an officer can, theoretically, roughly estimate BAC.
Proper Administration
To administer the test properly, the officer must:
hold the stimulus 12-15 inches in front of the subject's face;
keep the tip of the stimulus slightly above the subject's eyes;
always move the stimulus smoothly;
always check for all 3 clues in both eyes;
check the clues in this sequence-lack of smooth pursuit; distinct nystagmus at maximum deviation; onset of nystagmus prior to 45 degrees; always check for each clue at least twice in each eye.
Standardized Clues
The only clues recognized by NHTSA as valid indicators of horizontal gaze nystagmus are:
Lack of smooth pursuit.
Distinct nystagmus at maximum deviation.
Onset of nystagmus prior to 45 degrees.
A point is to be given for each indicia manifested by the suspect. As there are six clues (three for each eye) of HGN, a score of 4 is unsatisfactory. Some studies indicate that four of six clues means that there is a 77% chance that the blood alcohol content is .10 or above.
THE WALK AND TURN TEST
Proper Administration
The Walk and Turn test requires that the officer:
Begin by having the subject assume the heel-toe stance by placing the right foot in front of the left foot;
verify that the subject understands that the stance is to be maintained while the instructions are given;
cease giving instructions if the subject breaks away from the stance, and have the subject resume the stance before continuing;
tell the subject that they will be required to take 9 heel-to-toe steps down the line, to turn, and to take 9 heel-to-toe steps up the line; demonstrate several heel-to-toe steps; demonstrate the turn;
tell the subject to keep the arms at the sides, to watch the feet, to count the steps aloud, and not stop walking until the test is completed;
ask the subject whether they understand; if not, re-explain whatever is not understood;
tell the subject to begin;
allow the subject to resume from the point of interruption, and not from the beginning, should the subject stagger or stop.
Standardized Clues
The eight validated clues that officers are trained to look for as signs of intoxication are as follows:
Loses balance during instructions (breaking away from the heel-toe stance).
Starts walking too soon.
Stops while walking.
Misses heel-to-toe while walking (misses by at least one-half inch).
Raises arms (at least six inches or more) from side while walking.
Steps off the line.
Turns improperly.
Takes the wrong number of steps.
A point is to be given for each indicia manifested by the suspect. If two clues are observed, a suspect failed the test.
THE ONE LEG STAND
Proper Administration
The one leg stand requires that the officer:
tell the subject to stand with feet together, and arms at side;
tell the subject not to start the test until instructed to do so; ask the subject if they understand;
tell the subject to stand on one foot, with the other foot held straight about six inches off the ground, toes pointed forward and parallel to the ground; demonstrate the stance;
tell the subject to count from 1 to 30, by thousands; demonstrate the count, for several seconds;
ask the subject whether they understand; if not, re-explain whatever is not understood;
tell the subject to begin;
allow the subject to resume the test at the point of interruption, should the subject stop or put the foot down, and not require that the count begin again at "one thousand and one".
Standardized Clues: During the test, officers are trained to look for the following validated clues as signs of impairment.
Swaying.
Putting the foot down.
Hopping.
Raising the arms from the sides (6 inches or more).
Two clues is considered failing.
What does all of this mean?
Our attorneys are certified to teach police officers to administer these three tests. We have taken a forty (40) hour course taught by NHTSA (National Highway Traffic Safety Administration) instructors. We know when a police officer does not do the tests correctly. Oftentimes, if we able to catch them, they will look foolish. Most juries can understand that field tests really do not mean all that they are set out to be. Most jurors cannot stand on one leg regardless of whether or not they had been drinking. We had a case where the client was in a rollover accident. The officer asked him to stand on one leg and walk a line. The officer admitted that the field tests were used to make a decision on whether or not my client was impaired. The jury did not agree with the officer and found the client not guilty of being a less safe driver. Field sobriety tests can be handled in court with proper training and questioning. We believe that people who have been drinking will not perform well on these tests, but we also believe that most non-athletic people will not perform well either.
The Horizontal Gaze Nystagmus is used by police and prosecutors as a scientific test. If it is done correctly, it has been shown to have validity. However, road conditions are different than laboratory conditions. An officer with traffic going by, blue lights flashing, and potential for danger does not always do the test as he was taught. Thus, if the test is not done properly, the validity is compromised.
State Administered Breath Tests
In Georgia, the State is allowed to ask a driver to submit to a State administered chemical test if the officer has reasonable grounds to believe that the driver is operating a moving vehicle while under the influence of alcohol. In addition, the Legislature has determined that any person who operates a moving vehicle in this state has given consent to have a blood, breath, urine, or test of other bodily substances to determine if he or she is under the influence of alcohol.
Once a person is arrested for DUI, an officer should read them their implied consent warning. This warning advises a driver of the consequences of taking a test and gives them the option of refusing a test. In addition, the warning gives people the right to their own chemical test once they take the State test. Contrary to public opinion, the law does not give people the right to an attorney prior to taking a test.
Breath Tests
If asked to take a breath test at the police station or jail, you will be tested on the Intoxilyzer 5000 machine. This is the only machine approved for use at this time in our state. The Intoxilyzer 5000 works by measuring wavelengths of light. It measures the degree that alcohol absorbs infared light. The more alcohol present the greater the absorption of light and the higher the level of alcohol.
Problems With Breath Testing:
The Intoxilyzer 5000 is a machine and is subject to error. For example, if a person gives a breath test of 0.10 grams on their first try, the next test will be valid in the State of Georgia if it is as low as 0.08 or as high as 0.120 grams. The range is + or - .02 grams or more. That is a huge leeway in order for a test to be valid.
To bring it closer to home: Would you feel comfortable if I told you that ten people were going out on a boat and the law required me to have a life jacket for each of them. However, the law gave me some leeway and told me that it would be o.k. if I had anywhere between 8 and 12 jackets on the boat. Would you feel comfortable getting on that ship?
There are numerous things that can affect a breath test such as proximity to electronics that emit radio waves, like police walkie-talkies. These items should be turned off when in the room where the Intoxilyzer test takes place. The machine if properly working should detect any radio interference.
A person's physical condition, or exposure to certain substances, may also cast doubt onto the accuracy of the Intoxilyzer 5000. Some forms of diabetes, hernias, gastric reflux, or other illnesses may yield inaccurate results on a breath test. In addition, exposure to certain chemicals like acetone may result in an inaccurate breath alcohol test result. Further, some diets like high protein diets may impact a breath test.
The machines are only tested four times a year in Georgia. In some states, there is the ability to save the breath sample for re-testing. However, Georgia has chosen not to have this feature on its machine. Although our breath machine has a filter that should eliminate interfering substances such as toluene, acetaldehyde, and acetone, from a breath test, routine inspection only includes testing for acetone filtration. Moreover, there is nobody in Georgia who can repair a broken machine. Rather, the machine must be packed and shipped to the factory for repair. The officer who gave the breath test has generally only been through a sixteen hour course to administer tests. They do not know much more than how to turn the machine on and off. However, following recent court decisions, it is highly likely that the breath test will be admitted into evidence at trial. Therefore, it may be necessary to hire an expert to testify and educate the court about the deficiencies in the breath test. It may be likely that there were some problems with a breath test. If there were, a good lawyer should be able to attack the result.
What should I do if pulled over and am suspected of a DUI?
If over twenty one and have not been convicted of a dui in the last five years:
BE POLITE (The officer is the Judge and owns the side of the road.)
DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD ALCO-SENSOR
UNLESS THERE WAS AN ACCIDENT INVOLVING AN INJURY SUBMIT TO THE REQUESTED CHEMICAL TEST (A REFUSAL TO SUBMIT MAY LEAD TO A LICENSE SUSPENSION WITHOUT A WORK PERMIT)
NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED
ALWAYS REQUEST AN INDEPENDENT TEST OF BOTH BLOOD AT A HOSPITAL AND BREATH AT A DIFFERENT POLICE DEPARTMENT
If over twenty one and have been convicted of a dui in the last five years:
BE POLITE (The officer is the Judge and owns the side of the road.)
DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD ALCO-SENSOR
UNLESS YOU HAVE HAD 2 DRINKS OR LESS DO NOT SUBMIT TO THE REQUESTED CHEMICAL TEST (A REFUSAL TO SUBMIT MAY LEAD TO A LICENSE SUSPENSION WITHOUT A WORK PERMIT, HOWEVER A 2ND OFFENSES DUI WITHIN 5 YEARS WILL LEAD TO 12 MONTHS WITHOUT A LICENSE ANYWAY)
NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED
IF YOU TAKE THE TEST ALWAYS REQUEST AN INDEPENDENT TEST OF BOTH BLOOD AT A HOSPITAL AND BREATH AT A DIFFERENT POLICE DEPARTMENT
If under twenty-one:
BE POLITE (The officer is the Judge and owns the side of the road.)
DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD ALCO-SENSOR
UNLESS ONE DRINK OR LESS HAS BEEN CONSUMED POLITELY REFUSE TO TAKE THE REQUESTED CHEMICAL TEST. (One drink may put you over the legal limit)
NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED (Any admission of drinking may lead to a separate charge for possession of alcohol through consumption)
If a commercial driver:
BE POLITE (The officer is the Judge and owns the side of the road.)
DO NOT SUBMIT TO ANY FIELD SOBRIETY TESTS, INCLUDING A HAND-HELD ALCO-SENSOR
UNLESS THERE WAS AN ACCIDENT INVOLVING AN INJURY SUBMIT TO THE REQUESTED CHEMICAL TEST (A REFUSAL TO SUBMIT MAY LEAD TO A LICENSE SUSPENSION WITHOUT A WORK PERMIT)
NEVER SPECIFY AN AMOUNT OF ALCOHOL THAT YOU HAVE CONSUMED
ALWAYS REQUEST AN INDEPENDENT
