Some people test out better than others
After spending thirteen years on the trial bench listening to DUI cases I have formed the opinion that in DUIs as in other lifetime events some people test out better than others. It seems lawyers are advising their clients to never take the field sobriety tests which the police ask for. Yet the evidence is clear that 25% to 30% of those stopped and investigated by the police for DUI are let go after completion of field sobriety evaluations. It appears that real life experiences contradict the advice handed out by most lawyers.
Georgia law makes it a crime to drive intoxicated if you have become a less safe driver or your alcohol concentration is above 0.08g% of your blood. ( 0.02g% if you are less than 21 years of age. Having consumed alcohol and then driving a motor vehicle is not in and of itself a crime.
Once you are stopped the goal of the police is to obtain your approval to conduct physical dexterity tests to see whether or not you are impaired. Only when they draw the conclusion that you are impaired are they supposed to then ask for a test of your breath, blood, urine, or other bodily substance.
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