Caleb was pulled over by a Georgia State Patrol DUI Nighthawk on I-16 for speeding (71 m.p.h. in a 55 m.p.h. zone) at 3:56 a.m. Nighthawk wrote in his report that he smelled “the odor of an alcoholic beverage in the vehicle.” Nighthawk opened the truck door and told Caleb to step outside. Caleb did as instructed. Nighthawk wrote that Caleb’s “eyes were watery and bloodshot and his speech was slow and slurred.” He asked Caleb how much he drank, and Caleb said he had three drinks with the last one over an hour ago. And then the conversation goes like this.

Nighthawk: “Do you have any weapons on you?”
Caleb: “No sir.”
Nighthawk: “Do you think you have had too much to be driving?”
Caleb: “No sir.”
Nighthawk: “Any weapons on you?”
Caleb: “No.”
Nighthawk: “Any weapons in the truck?”
Caleb: “No.” (Nighthawk frisks Caleb for weapons)
Nighthawk: “Marijuana?”
Caleb: “No.”
Nighthawk: “Weapons?”
Caleb: “No.”

Nighthawk then got Caleb to do some Field Sobriety Tests, (a.k.a. Roadside Agility Tryouts). He did the eye exercise (aka Horizontal Gaze Nystagmus,) and the Walk and Turn exercise. Nighthawk asked Caleb to do a Preliminary breath evaluation on the side of the road, and Caleb said, “No.” At that point Nighthawk arrested Caleb for DUI less safe § 40-6-391(a)(1) and Speeding in Excess of maximum limits § 40-6-181. Nighthawk cuffed Caleb and placed him in his car and read the Georgia Implied Consent Notice, and asked Caleb if he would take a breath test. Caleb said, “No.” He refused to take the breath alcohol test.

Caleb showed none of the 24 possible DUI Detection clues for driving. Speeding is not one of the 24. He drove perfect. During the personal contact phase, the Nighthawk found four clues: bloodshot eyes, odor, admission of drinking, and slurred speech. On the video there was no slurred speech. Caleb walked fine. Caleb had normal natural movements. He looked good.

During the Horizontal Gaze Nystagmus exercise the Nighthawk held the stimulus way too high, well above his head, for 61% of the time. This invalidated the whole exercise. Nighthawk also did the passes too fast. The speed he did each clue invalidated the eye exercise.

Nighthawk had Caleb do the Walk and Turn exercise wearing flip flops. He told Caleb that he didn’t have to do the One Leg Stand because he was wearing flip flops. He said, “Flip flops are not good shoes.” I agree. The 2013 Field Sobriety Manual says that if someone is wearing flip flops or platform shoes, give them the opportunity to take them off. Nighthawk didn’t do this. He had Caleb do the walking exercise in flip flops. This invalidated the Walk and Turn.

Under Georgia law drinking and driving is not illegal. Driving with a blood-alcohol content above .08 is illegal. Driving while you are under the influence of alcohol to the extent you are a less safe driver is illegal, but drinking and driving itself is not illegal. This case would have been perfect for a Jury trial. We were ready to do that. But, the Prosecutor gave Caleb an offer to plead guilty to Reckless Driving and that it what he did. This is a win in my book.

Judgment: DUI reduced to Reckless Driving for Contractor

Chris was arrested for DUI less safe. He is a Savannah College of Art and Design (SCAD) student. He is an entrepreneur who has been featured on the cover of the Savannah Morning Newspaper. He couldn’t afford to have a DUI on his record for the rest of his life.

The Georgia State Patrol officer wrote in his report that the black BMW had an inoperable headlight when he stopped him on Oglethorpe Avenue. The officer smelled alcohol and asked Chris how much he had to drink that night. Chris said one drink. The officer asked him if he would take some field sobriety tests. Chris replied, “No.”

The officer placed Chris under arrest for DUI less safe (alcohol) – 40-4-391(a)(1); Driving under the influence – 40-6-391; and Violation of headlights requirement – 40-8-22. The officer then read him the Georgia Implied Consent card and asked Chris to take a blood test. Chris asked to speak to a lawyer. The police officer interpreted that as a refusal.

Chris hired me to fight his DUI charges. We were headed to a jury trial. But the judge dismissed all three charges at the Motion to suppress hearing in the State Court of Chatham County.

Judgment: DUI Dismissed at Motion Hearing

David is a Joint Terminal Attack Controller for the U. S. Air force. He was arrested for Failure to maintain lane, and DUI – Refusal. He fought the DUI, and won. He settled for Driver to use due care. The charge for Failure to maintain lane was merged. Here is what happened.

The Richmond Hill Police Department report said that David struck the shoulder line on three occasions, put on his blinker, and turned right. At the window the police officer asked David if he drank tonight. David said he had one beer. The cop wrote in his report, “I asked if he would submit to taking some field sobriety tests, which agreed. While attempting three standardized field sobriety tests, David stated he had medical conditions that prevented him from taking them.” The officer did not do any of the three field sobriety tests. He decided to give David the preliminary breath test, and then he arrested David for DUI. He read David the Georgia implied consent for suspects 21 and over (an orange card), and asked him if he would take a breath test. David said, “No.” He was arrested for Failure to maintain lane, and DUI – Refusal.

The officer asked David to do field sobriety test. David agreed. The officer then asked David if he had any medical problems that would prevent him from doing the tests? How would David know? He doesn’t know what the surprise tests will be. David told the cop that he has chronic knee problems from an earlier injury. David answered the cop’s interrogation questions. David never told the cop that, “he had medical conditions that prevented him from taking them.” For one, he doesn’t know what the tests will be. Second, David thought he had to do them. As David stood there, the officer decided not to do any of the three standardized tests, and told David to blow into the hand held breath test on the side of the road. Once again, David submitted to the officer’s demand thinking he has no choice. Then he was arrested.

Final Judgment: Bryan County GA DUI Gone for Military Officer

Lily had just left the Art Gallery where she hosted a Gala in downtown Savannah, Georgia. She was driving down Highlands Boulevard when she saw headlights coming at her. There were no other cars on the road. The headlights passed her, did a U-turn, became blue lights, and came for her. She pulled over.

The Savannah Metropolitan Police Officer came to her window. He checked her license, and he smelled alcohol, so he asked her if she drank. She said she split a bottle of wine with a friend a couple of hours ago. He got her out of the car. She wore high heels and a long tight pencil skirt that hit below her knees. He asked her to do some Roadside agility tryouts, (also known as Field Sobriety Tests). She tried out his exercises. He was not happy with her performance. He arrested her for DUI. She was not drunk. She was not under the influence of alcohol. But she was arrested for the first time in her life, and charged with DUI less safe (refusal) – 40-6-391(a)(1), and Driving too fast for conditions – 40-6-180.

License Suspension Hearing

At the Administrative License Suspension Hearing, I cross-examined the police officer. The officer did not do the DUI Field Sobriety Tests properly. The cop gave the Field sobriety tests wrong, which invalidated the results. She won the DUI license suspension hearing and saved her Georgia driver’s license. The entire transcript of the license hearing is below.

Transcript of the DUI License Suspension Hearing

DUI reduced to Reckless driving

The prosecutor agreed to have the DUI reduced to Reckless driving. In the State Court of Chatham County Georgia Lily plead guilty to Reckless driving.

Judgment: DUI Reduced for Art Director