Atlanta DUI Lawyer William C. Head

November 25, 2008

Roadside Handheld Breath Test vs. The Intoxilyzer 5000 Breath Test Machine

Filed under: Uncategorized — atlantaduilawyer @ 8:52 pm


Almost All Arresting Officers will Request Breath Testing – but WHICH Breath Test is it?
Georgia BreathalyzerThe OFFICIAL tests on an Intoxilyzer 5000 Breath Test Machine (or, when blood or urine are collected, at a hospital) are ONLY given in one of three places, [with extremely rare exceptions]: (a) at the police station or jail (the breath testing machine is a silver and black, tabletop, typewriter-sized device with a black, cylindrical breath test collection tube mounted on the left side as you face the machine.  Official testing in Georgia is done ONLY on the Intoxilyzer 5000 breath testing machines (GA uses both the 768-00 devices and the 768-01 or 768EN devices) that are plugged into a 115-volt wall socket, or (b) at a hospital (blood or urine) — often after an accident or where the officer suspects that possibly drugs are involved or he/she cannot locate a breath test operator to administer your breath test or (c) a breath test can be administered in a specially-wired mobile van [referred to as a “BATmobile”, which stands for Breath Alcohol Testing Mobile Unit] that has an Intoxilyzer 5000 breath testing device securely fastened to a shelf inside.

How the BATmobile Operates Remotely from the Police Station or Jail
The Intoxilyzer 5000 machine is plugged in and becomes operational via its 115-volt plug.  The outlet that generates power for the machine is powered by a special electrical converter inside these mobile vans. The converter takes the energy from the automobile engine and “conditions” the electrical energy into a grounded AC outlet supplying 115 volts of electricity. These BATmobile vehicles are expensive, and are usually only found in major metropolitan areas such as City of Atlanta, Gwinnett County and a few other high population areas.  Furthermore, the presence of RFI (radio frequency interference) from police radios, nearby remote microphone devices, power generators and compressors of buildings nearby, communication towers or antennas, cell phones, Blue Tooth devices and similar devices can create false high readings or cause temporary shut-down of devices inside these mobile testing vans.

November 15, 2008

Georgia DUI Expungement

Filed under: Uncategorized — atlantaduilawyer @ 6:36 pm
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It is vital to remember that any administrative license suspension action is a separate, civil component to the criminal prosecution you are facing. A DUI conviction can mean much more in terms of punishment and loss of future opportunities than any administrative license suspension. A DUI criminal conviction will create a multitude of additional penalties that overshadow any short-term loss of driving privileges from an ALS suspension. A DUI conviction can NEVER be EXPUNGED in Georgia, absent proof that the conviction was incorrectly entered on your record (e.g., another person used your license and was arrested and later convicted under your identity). Therefore, asking about expungement (sic) [expunction is the proper word, since “expungement” is not a word] is not an effective strategy AFTER you have pleaded guilty or been found guilty of DUI. Focus on winning the DUI or getting the criminal DUI case reduced, not on trying to undo a conviction from your prior GUILTY plea, which (like concrete) gets more and more hardened as time goes forward. By getting the criminal case reduced or dismissed, any ALS action — even for repeat administrative license suspensions or a revocation – gets cleared immediately. See the chart showing minimum penalties for your DUI charge, if convicted, at http://www.dui.tv/galaws.pdfdetails.

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November 10, 2008

Intoxilyzer 5000

Filed under: Uncategorized — atlantaduilawyer @ 4:27 pm
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The Legal Basis for You Being Coerced Into Submitting to Testing

For either refusing to submit to the requested “chemical test” (blood, breath or urine or any combination of these the arresting officer requests) or blowing a breath test result over the legal limit after you were properly given the legal admonishment (i.e., the officer read you the correct implied consent warning about what would happen to your Georgia license or privilege to drive in Georgia, for licensees from other states).  “Proper advisement” requires a TIMELY and COMPLETE reading of the ORANGE-COLORED card that carries one of three “implied consent” advisements”.  This is a legal notice set forth in the Georgia code that operates on the “legal fiction” that (by using the State highways) you thereby authorized any police officer who reasonably suspects you of driving while being intoxicated, to demand your submission to a proper, legal evidential sobriety test [the officer gets to elect which TYPE or TYPES of OFFICIAL testing] of your bodily “substances.” Your refusal to be tested or if you submit to the state-administered OFFICIAL test or tests, and you have an alcohol content AT OR ABOVE the applicable legal limit triggers the ALS action against your license.  If this “feels” like legal coercion, it is. However, the practice has been approved by the United States Supreme Court in the Sandstrom case in 1983.  Since 1983, Georgia’s courts have allowed evidence of your “refusal” to submit to testing to be put into evidence in front of a jury or judge hearing your criminal trial.

 

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November 4, 2008

DUI Lawyers Advice if Stopped for Suspicion of DUI

Filed under: Uncategorized — atlantaduilawyer @ 5:25 am
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Before being informed that you are being (or have been) arrested for DUI, TAKE NO FIELD SOBRIETY EVALUATIONS, including the hand-held alcohol screening test, because all these roadside tests are VOLUNTARY and carry NO PENALTY and NO LOSS OF LICENSE under Georgia law for politely saying, “No, thanks.”  An “OFFICIAL” test is one that has a PRINTED “evidentiary” result, and can be submitted to a judge or jury.  The Intoxilyzer 5000 breath alcohol testing instrument (machine) is the only OFFICIAL evidentiary breath device approved in GA.  No roadside tests of balance, ABC recital, follow-the-finger (or pen) eye examination or counting are REQUIRED to protect your right to drive or to keep your license in Georgia.  These are NOT “evidentiary” tests, but the roadside “evaluations” CAN and often DO create a greater likelihood of conviction.  Plus, scientific studies have revealed that these roadside evaluations are “designed to fail” and are NOT scientific, due to the number of variables that can cause false-positive readings and false-negative readings. Starting off with “negative” video footage of you failing these evaluations (the officer’s words) not a good starting point for a DUI arrest that is being captured on video approximately 90% of the time in GA.

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