Fighting for the community and students of West Georgia.
DUI FAQ
1. What should I do if I am pulled over for DUI?
If you are over 21 years of age and this is your first DUI, or if this is your first DUI within the past 10 years:
First and foremost, be polite, courteous, and cooperative with the investigating officer. Do not be rude, even when refusing certain tests.
Do NOT submit to any field sobriety test (ex: 1. Walk-n-Turn; 2. One-Leg Stand; 3. Horizontal Gaze Nystagmus; 4. Reciting the alphabet; 5. Counting backwards; ect…). Field sobriety tests are not mandatory, and you will not suffer any type of mandatory license suspension for refusing to perform them.
Do not submit to any hand-held or portable alcosensor device.
Keep your conversation with the investigating officer short and brief.
If asked, have you been drinking, refrain from incriminating yourself. You do not have to answer this question.
Submit to the chemical test requested by the investigating officer. If you refuse to take the requested chemical test, your license could be suspended for 12 months without a work permit. However, if you choose to submit to the state administered chemical test – ALWAYS – request for an independent test of your blood, breath, or urine.
If you are over 21 years of age and you have been convicted of one or more DUI’s within the past 10 years:
First and foremost, be polite, courteous, and cooperative with the investigating officer. Do not be rude, even when refusing certain tests.
Do NOT submit to any field sobriety test (ex: 1. Walk-n-Turn; 2. One-Leg Stand; 3. Horizontal Gaze Nystagmus; 4. Reciting the alphabet; 5. Counting backwards; ect…). Field sobriety tests are not mandatory, and you will not suffer any type of mandatory license suspension for refusing to perform them.
Do not submit to any hand-held or portable alcosensor device.
Keep your conversation with the investigating officer short and brief.
If asked, have you been drinking, refrain from incriminating yourself. You do not have to answer this question.
Do not submit to the State’s requested chemical test, unless you are positive you will pass. However, if you choose to submit to the state administered chemical test – ALWAYS – request for an independent test of your blood, breath, or urine.
If you are under 21 years of age:
First and foremost, be polite, courteous, and cooperative with the investigating officer. Do not be rude, even when refusing certain tests.
Do NOT submit to any field sobriety test (ex: 1. Walk-n-Turn; 2. One-Leg Stand; 3. Horizontal Gaze Nystagmus; 4. Reciting the alphabet; 5. Counting backwards; ect…).
Field sobriety tests are not mandatory, and you will not suffer any type of mandatory
license suspension for refusing to perform them.
Do not submit to any hand-held or portable alcosensor device.
Keep your conversation with the investigating officer short and brief.
If asked, have you been drinking, refrain from incriminating yourself. You do not have to answer this question.
Do not submit to the State’s requested chemical test, unless you are positive you will pass it (Note: If you are under 21 years of age and your blood alcohol concentration is 0.02 grams or more you are in violation of Georgia’s DUI laws. One beer could put you over 0.02.). However, if you choose to submit to the state administered chemical test – ALWAYS – request for an independent test of your blood, breath, or urine.
2. What are the Standardized Field Sobriety Tests?
Horizontal Gaze Nystagmus: (HGN) refers to an involuntary jerking occurring as the eyes gaze toward the side. In addition to being involuntary the person experiencing the nystagmus is unaware that the jerking is happening. When administering the HGN test, the officer has the suspect follow the motion of a small stimulus with the eyes only.
What is the investigating officer looking for when conducting an HGN test?
The lack of smooth pursuit. The eyes can be observed to jerk or bounce as they follow a smoothly moving stimulus.
Distinct and sustained nystagmus at maximum deviation. Distinct and sustained nystagmus will be evident when the eye is held at maximum deviation.
Onset of nystagmus prior to 45 degrees. The point at which the eye is first seen jerking.
Walk-and-Turn: The Walk-and-Turn test is a divided attention test.
What is the investigating officer looking for?
Cannot keep balance while listening to the instructions.
Starts before the instructions are finished.
Stops while walking.
Dos not touch heel-to-toe.
Steps off the line.
Uses arms to balance.
Improper turn.
Incorrect number of steps.
One-Leg Stand: The One-Leg Stand test is a divided attention test.
What is the investigating officer looking for?
Sways while balancing.
Uses arms to balance.
Hops.
Puts foot down.
The suspect is deemed unable to complete the One-Leg Stand test when: 1. he/she puts foot down three or more times, during 30 second period; 2. is simply incapable to doing test.
3. Will I be asked to recite the alphabet in reverse order, Z-A?
Officers have been known to ask DUI suspects to recite the alphabet in reverse order. However, it is highly unlikely that you will be asked to complete this particular field sobriety test, but if you are asked to recite the alphabet in reverse order, simply refuse.
4. When officers are out patrolling for DUI suspect, what are they looking for?
Moving traffic violations
Equipment violations
Expired registration, tag, or inspection sticker
Unusual driving actions
Weaving within a lane
Weaving across lane lines
Straddling a lane line
Swerving
Turning with a wide radius
Drifting
Almost striking an object or vehicle
Striking an object or vehicle
Stopping problems
Accelerating or decelerating rapidly
Driving in opposing lanes or wrong way on one-way street
Slow response to traffic signals
Slow or failure to respond to officer’s signals
Stopping in lane for no apparent reason
Following to closely
Driving without headlights at night
Illegal or improper turn
5. Is there mandatory jail time for DUI convictions?
Yes. If it is your first DUI or your first DUI within ten years you will have to serve a mandatory 24 hour sentence if you registered over the legal limit. However, you may get credit for any time served on the night of your arrest. If it is your second DUI within ten years you will have to serve a mandatory 72 hour sentence if you registered over the legal limit. However, here again, you may get credit for any time served on the night of your arrest.