DUI Cases Georgia DUI FAQs

Slurred speech, watery or bloodshot eyes, flushed red face, alcoholic odor on breath, difficulty exiting vehicle, unsteady on feet, using vehicle for support/balance, inability to keep balance while walking, no knowledge of time or location, inability to comprehend officer’s questions, inability to follow directions, aggressive or inappropriate attitude, soiled or disorderly clothing or appearance.
Straddling the center marker between lanes, weaving between lanes, swerving within lane, near misses of other object or vehicle, tailgating, excessive braking, questionable signaling, delayed reaction to traffic signals, inappropriate stopping or slowing, accelerating or slowing down quickly, driving without brakelights, taillights or headlights on, illegal or unwarranted turns, speeding over 10 mph above speed limit.
Horizontal gaze nystagmus (HGN), walk and turn (heel to toe), one-leg stand, modified attention (Rhomberg test), reciting alphabet (often backwards is required), finger to nose.
HGN, walk and turn, and one-leg stand are approved by the National Highway Transportation Safety Administration (NHTSA) as standardized field sobriety tests. HGN is a scientific test designed to measure jerking of the eye as it tracks an object that is passed back and forth in front of the subject’s eyes. The walk and turn and one-leg stand employ "clues" that are observed by the police officer while the subject performs each test, with a minimum number of clues established as passing or failing. Other tests such as reciting the alphabet and finger to nose aren’t approved by NHTSA, but are often admissible as observations based on officer's past training and experience. The Rhomberg test requires subjects to close their eyes and lean his or her head back while they estimate a thirty second time period. Subjects "fail" this test if they are unable to keep their balance or if their concept of time is inaccurate. This test is often used in suspected DUI-drug cases.
An officer may ask you to submit to a State administered chemical test if he has reasonable grounds to believe you are under the influence of alcohol &/or drugs and have been operating a motor vehicle. Also, any driver operating a moving vehicle in the state is required to consent to a blood, breath, or urine test under the Georgia Implied Consent law. You have a right to refuse but, failure to comply could result in a twelve month suspension of your driver's license or privilege to drive if you live outside of Georgia.
If you fail a state administered chemical test or if an officer reads you the Implied Consent warning and you refuse, the officer can submit a report to the Department of Driver's Services in an attempt to suspend your license. You have ten business days to demand an administrative license suspension (ALS) hearing to contest the suspension. This hearing only applies to your driver’s license or privilege to drive in Georgia and does not carry criminal penalties. If you don't request an ALS hearing, your license will be suspended for 12 months starting on the 31st day after your arrest. If your license is suspended for refusal, no exceptions will be made for work permits.
Yes, you have the right to request independent blood, breath &/or urine testing after submitting to state administered test.
Under 21 is .02; over 21 is .08; CDL in operation of commercial vehicle is .04
Studies have shown that these tests are not entirely dependable to accurately estimate blood alcohol. Chemicals, health conditions, gender, mouthwash and many other factors can cause errors.
Yes, under the "less safe" or common law charge, the officer gathers evidence to support his or her opinion that you consumed too much alcohol &/or drugs to drive safely. Driving erratically, wrecking into other objects, slurred speech, bloodshot eyes, unsteadiness on feet and other observations by the police officer can be used against you on the “less safe” offense.
The penalties vary depending on your age and prior driving record. Give us a call so we can discuss the possible penalties you may face.
Yes, constitutional protections apply to unreasonable searches and seizures depending on the factors surrounding any roadblocks. We will fully investigate this and file motions to suppress any illegally obtained evidence obtained in violation of your rights.

Joe Kunes

  • Member of Georgia and Florida State Bar
  • Member of National Association of Criminal
  • Defense Lawyers (NACDL)
  • Georgia Association of Criminal Defense Lawyers (GACDL)
  • Georgia Defense of Drinking Drivers (DODD)
  • National College for DUI Defense (NCDD)
  • Georgia Trial Lawyers Association (GTLA)
  • American Trial Lawyers Association (ATLA)
Learn More About Joe Kunes

Patrick Kunes

  • Member of Georgia State Bar
  • Georgia Association of Criminal Defense Lawyers (GACDL)
  • Georgia Defense of Drinking Drivers (DODD)
  • Past President Tifton Bar Association
  • NORML Legal Committee
  • Association of Plaintiff Interstate Trucking Lawyers of America (APITLA)
Learn More About Patrick Kunes