If this is the first time you have been arrested for a DUI, it is important to have an understanding of the common terminology that the courts, lawyers, and judges routinely use when discussing DUI cases.

Here is a list of the top 35 terms + phrases you will want to be familiar with if you have recently been arrested for DUI in Georgia.

1205 Form – the officer submits this form to the Department of Driver Services in order to initiate an ALS suspension. Normally the officer will give the driver a copy of this form at the time of the arrest.

30-day Letter – legal notice sent to the Department of Driver Services challenging the ALS suspension. It must be sent within 30 days of a DUI arrest along with a $150 filing fee. Without this notice, DDS may automatically suspend a Georgia license after receiving a 1205 form from the officer who made the DUI arrest.

Alcosensor / PBT – handheld device officers use on the side of the road to get a general idea of a driver’s blood alcohol content. This is different than the Intoxilyzer 9000 breath test machine. In Georgia, the numerical results of the handheld device are not admissible in court.

ALS Suspension – also known more formally as the Administrative License Suspension. It can happen BEFORE a person has been found guilty of DUI. Also called a “pre-conviction” suspension. The suspension is typically longer in refusal cases.

ALS Hearing – court proceeding available to drivers who request a hearing to challenge a pre-conviction suspension.

Arraignment – the first (of many) court dates in a criminal case. At this court date, the driver is told what the exact charges are and she has an opportunity to plead not guilty.

Bench Trial – a trial where the judge makes all the decisions about what and who to believe, as well as determining the final verdict.

Chromatogram – The test result of a blood sample in DUI cases. Find out how long it normally takes to get DUI blood test results back from the GBI.

Chromatograph – The machine that performs chromatography on the blood sample.

DDS – Department of Driver Services has jurisdiction over all Georgia licenses. Download their app to track updates to your license.

Double Refusal – usually refers to a case where the driver refused both roadside field sobriety testing AND a breath, blood, or urine test.

FSTs – Field Sobriety Tests are also called roadside evaluations. The most commonly used are the HGN (eye test), the walk-and-turn, and the one-leg-stand. These tests have been standardized by NHTSA.

HGN – the first of three standardized field sobriety tests where the officer is looking for evidence of nystagmus (involuntary jerking) in the driver’s eyes which can be an indicator of impairment. Find out more about what the officer is looking for on this test!

Ignition Interlock Device – Also known as the “IID”, a device that is installed in your car to monitor your blood alcohol content while the vehicle is on. This option can be a great alternative to a twelve-month (refusal) license suspension as long as you can afford the installation and monitoring fees and don’t mind that your passengers see the device. However, there is a strict deadline for the IID so you want to be sure you know exactly how to apply for it with DDS.ga.gov. Find out more about which drivers are eligible for the IID.

Implied Consent – this is a warning read by the officer immediately after a DUI arrest, and it acts as a formal request for a voluntary blood, breath, or urine test. This is different from a Miranda warning.

Intoxilyzer 9000 – breath testing machine that all Georgia law enforcement agencies use when testing a DUI suspect’s breath.

Jury Trial – 6 jurors in a DUI trial determine which witnesses and facts to believe when making a decision of guilty or not guilty.

Less Safe – the legal standard that applies to all DUI cases, regardless of whether the test result was over or under the legal limit.

• DUI in Georgia = a Less Safe Driver
• “A driver or operator of a motor vehicle is under the influence of alcohol when the person is affected by alcohol to the extent that it is less safe for the person to drive than it would be if the person were not affected by alcohol. A driver who is less safe is less efficient, less skillful, less coherent, less able, less qualified, and less proficient.”

License Suspension – there are two types of DUI license suspensions to keep in mind. One is an ALS suspension – also known as a pre-conviction suspension. The second type is one imposed at the time of a DUI conviction – which can be many months or even years after the arrest. In Georgia, a first-lifetime conviction of DUI comes with an automatic 120-day suspension.

Miranda – a warning that is almost never read in a DUI arrest, unless the officer is seeking additional statements from the driver after the arrest. Many people incorrectly assume that Miranda is read after every arrest, but that is not true in Georgia for many traffic offenses.

Nolo – also thought of as a “no contest” plea. A nolo plea can be very helpful in many traffic cases, however it is not helpful in the DUI context.

Nystagmus – the involuntary jerking of the eyes that can be caused by the consumption of a CNS depressant like alcohol.

One Leg Stand – the third of three standardized field sobriety tests. It evaluates a driver’s ability to stand on one leg for 30 seconds without sway, hopping, putting their foot down, or raising their arms. Find out more about what the officer is scoring for on this test!

Plea of Not Guilty – the standard response of a driver charged with DUI at an arraignment or first court date, even if she laters decide to change her plea.

Probable Cause – legal standard of evidence that is required to support an arrest as opposed to what is required to initiate a traffic stop. In Georgia, the officer must have knowledge or reasonably trustworthy information that someone was in control of a moving vehicle, while under the influence to a degree that renders her incapable of driving safely.

Proof Beyond a Reasonable Doubt – standard of proof required to convict someone of DUI at trial.

• A reasonable doubt is defined by the courts as “a doubt of a fair-minded, impartial juror honestly seeking the truth. It is a doubt based upon common sense and reason. It does not mean a vague or arbitrary doubt, but it is a doubt for which a reason can be given arising from a consideration of the evidence or lack of evidence, a conflict in the evidence, or any combination of these.”

Reasonable Articulable Suspicion – the amount of evidence required to initiate a traffic stop is much lower than the probable cause required for an arrest.

• A particularized and objective basis for suspecting that a citizen is involved in criminal activity. This suspicion need not meet the higher standard of probable cause, but it must only be more than mere caprice or a hunch.

Refusal – where a driver does not submit to a voluntary breath, blood, or urine test. Find out more about why the officer labeled your case a refusal!

Standardized Field Sobriety Test (SFST) – Refers to three specific tests that have been researched for accuracy and follow a specific protocol to determine whether or not a person should be arrested. While all tests done on the side of the road are considered “field sobriety tests” only these specific ones are standardized – HGN, the Walk-and-Turn, and the One-Leg Stand.

Tolerance – occurs when a person no longer responds to a drug in the way they did at first. So it takes a higher dose of the substance to achieve the same effect as when the person first used it.

Vertical Gaze Nystagmus (VGN) – An up and down jerking of the eyes that occurs when the eyes gaze upward at maximum elevation. The presence of this type of nystagmus is associated with high doses of alcohol for that individual and certain other drugs.

Walk and Turn – the second of three standardized field sobriety tests which examines a driver’s ability to follow a layered set of instructions while walking 9 steps out and back on a straight line. Find out more about what the officer is looking for during this test!

Warrant for Blood – The officer can always petition a judge to get an electronic warrant that will authorize them to take your blood, without your consent. Most jurisdictions have made it easier for officers to apply for and get these warrants during a DUI arrest. So even where a driver refuses, the officer can still get a blood sample by force.

Applying for a new job or thinking about a transfer?

Many of our clients worry about what will happen to their new job if the DUI comes back on the background check.

Unfortunately, you will not always know what will show on your background check, but we have found that there are good ways to avoid a pending DUI arrest from preventing you from getting the job you want.

Let’s start with the basic premise that one DUI arrest should not prevent you from pursuing the career of your dreams.

Let’s say it again because chances are that you have convinced yourself that being arrested for a DUI is the end of your life and career as you know it.

Most careers will not be derailed by a DUI arrest.

This includes all types of professions including lawyers, doctors, judges, nurses, CEOs, accountants, academics, researchers, and jobs requiring a security clearance.

So what are some examples of jobs that are most likely to be directly impacted by a DUI arrest?

• Police officers
• Anyone who drives a company car
• CDL Drivers
• Elected Officials and/or people who work for elected officials
• Pilots

So before you decide that your career is over, first determine whether your current or future job involves driving a company vehicle or requires a commercial driver’s license?

If the answer is no, then you are probably in good shape.

Won’t companies reject job applicants when they learn about a recent arrest?

If you are interviewing for a new job you may feel that an arrest will reflect poorly on you as an applicant.

This is a fair concern because there is a stigma associated with a DUI arrest and as a result, many people are loath to disclose a recent arrest on a job application.

But keeping an arrest secret by omission or by making a false statement can create a much larger problem than simply disclosing.

Most companies will run your background check after asking you to disclose arrests, or criminal charges, or convictions, or all three.

Once the background check comes back, the employer compares the applicant’s answers with the background check result. If they discover an arrest that the applicant did not disclose, the application may be terminated.

What is heartbreaking about this scenario is that it is the failure to disclose, or the “lie” on the application, as opposed to the arrest itself that becomes the problem. In many of these cases, the applicant would have gotten the job had she properly answered the background check questionnaire.

How can you find out what will be on your background check?

It is easy to check your own criminal history at a local police department in Georgia. In most precincts, you can walk in, fill out a form and leave with a copy of your criminal history.

However, it is more difficult to get that kind of direct access to the Government’s information if you are an employer. Since employers can’t go to the government for that information, they tend to rely on private background check companies for those records.

What we have observed over the years is that these background check companies often get it wrong. They regularly both overreport and underreport offenses.

This means that you can never be certain about exactly what will show up on your report.

How does a DUI show on a background check?

If you have only been arrested, but are still waiting for a final court date, the only record should be of your arrest. This will normally include the county you were arrested in and what the charges were. It would be unusual for a background check to reveal any other specific details about why you were arrested beyond the charges.

Will a DUI arrest in Georgia show on my driving record?

Although your driving record won’t reflect an arrest, it may indicate a DUI suspension. You should be able to check your driving record at dds.ga.gov by downloading their app.

Otherwise, your driving record in Georgia will not reflect a DUI unless there is a plea of guilty or conviction at trial.

Can you remove a DUI from your background check?

It depends. Unless the information on the background check is verifiably false, it can be tricky to correct these records with a private company.

We often find errors with the government’s records as well and if the government has gotten it wrong, there are steps you can take to have them corrected.

What is the best way to talk about your DUI arrest to an employer?

At EHG Law Firm we are experts at helping our clients navigate these waters. We coach our clients on how to:

• Plan for uncomfortable interview questions about a recent arrest with a potential employer
• Fill out employee background check questionaries
• Develop a plan to talk to current employers about the new arrest where disclosure is required

We make it a regular part of our practice to prepare clients so they feel confident about how to talk about a very private and uncomfortable moment in a way that dispels stigma and reassures employers that a DUI arrest should not a barrier to entry.

The Walk-and-Turn is a common roadside field sobriety test that is easy to discount if you do not understand how it is designed or what the DUI officer is trained to look for.

Although it may seem like there is not much to it, the test itself is very detailed and complex, and drivers frequently believe they performed better than the officer’s scorecard will reflect.

Understanding the Mechanics of the DUI Walk-and-Turn

Before beginning the test, the officer is required to medically qualify the driver because not everyone is a good candidate for the test. Certain physical conditions can prevent fair testing.

Research shows that people who meet the following criteria will struggle to complete the test even without alcohol:

• Those with leg, back, or inner ear problems
• Those over the age of 65
• Those who are 50 + pounds overweight
• Those wearing heels over 2″ (according to research, the shoes should be totally removed. But, according to law enforcement, the driver should be given the opportunity to remove them)

DIrections of the DUI Walk-and-Turn Test

DUI officers are required to provide specific instructions prior to beginning this test. And sometimes they count it as a “clue” of impairment when the driver begins the test before being instructed to start. However, this should not be counted against the driver until after she has acknowledged to the officer that she understands the instructions.

First, the officer will designate a straight line that may be either real or imaginary. Then, the officer should tell the driver to place their left foot on the line, right foot in front of the left, touching heel-to-toe.

Next, the officer should tell the driver to place their arms by their side and not to start until told to do so. The officer should demonstrate these instructions at the same time. Before moving on, the officer should ask the person if they understand the directions and they must get an affirmative answer.

There are two clues the officer looks for during this stage. First, they are looking to see if the driver starts the test too soon. It’s common for the person to immediately get into the heel-to-toe stance and start walking before they are instructed not to. But according to the testing protocol, this cannot be counted as a clue if the driver starts before the officer instructs tells them not to.

The second clue at the instructional stage is when the driver does not keep her balance while listening to instructions. If she is swaying and raising their arms, it’s not a clue.  But, if she breaks the heel-to-toe stance, that is considered a clue.

The officer is trained to tell the driver to take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine steps heel-to-toe when told to begin. Then, the officer should demonstrate these instructions with at least three heel-to-toe steps.

The officer should also instruct the driver to look down at their feet, count each step out loud, keep their arms to their side without raising them, and not to stop until the test is complete. Again, the officer is required to ask the person if they understand and wait for an affirmative response before proceeding.

How is this test scored?

The WAT has a total of 8 possible ways the driver can make a mistake – resulting in the officer observing a “clue.” If the officer observes 2 of the 8 clues, then this will support her decision to arrest the driver. The other clues she is looking for include whether the driver raises his arms stops while walking, does not touch heel-to-toe on every step, steps offline, takes an improper number of steps or turns improperly.

The eight possible clues the officer will look for:

1. The driver starts the test too soon
2. The driver does not remain in the starting position
3. The driver stops once they begin
4. The driver misses touching heel-to-toe by half an inch or more
5. The driver steps off the line completely
6. She raises her arms for balance at a height of six inches or more
7. She makes an improper turn
8. She takes an incorrect number of steps

Why are people walking a straight line to test sobriety in DUI cases?

The government claims these tests are mostly reliable, based on studies performed decades earlier. One of the most cited DUI roadside testing studies is the “Validation of the Standardized Field Sobriety Test Battery at BACs Below .10 percent” from 1998, when the San Diego DUI task force was recruited to help study the reliability of roadside tests.

Officers were instructed to apply the three standardized field sobriety tests when they encountered anyone they suspected of DUI. They noted their observations, how many clues were present, and whether or not they would make an arrest. Then, they matched the officer’s arrest decision with the person’s blood alcohol concentration to determine how accurate the tests were using the specific standards for each test.

The standard for the HGN was four or more clues to indicate a person’s BAC was .10 or higher.  For the Walk-and-Turn and the One-Leg Stand, the standard was two or more clues.

If the person met the number of standard clues and the BAC was above the legal limit, it was considered a correct DUI arrest decision. But if the person had below the required number of clues, or above that number with a low BAC, it was considered an incorrect arrest decision.

According to the study, when the three standardized field sobriety tests were combined they were 91% reliable in determining if a person was at or above the (at the time) legal limit of .10. When you break it down, the HGN was 88% reliable with four or more clues, the Walk-and-Turn was 70% reliable with two or more, and the One-Leg Stand was 83% reliable when two or more clues were present.

However, this study was not peer-reviewed. And when you dissect the numbers, there are major issues. For example, when you look at the number of false positives, you can find serious problems with the reliability of these tests. For HGN, the percentage of false positives in people who exhibited four or more clues was 37%. For the Walk-and-Turn, the percentage with two or more clues was 52%. And the One-Leg stand had a false positive rate of 41% even when two or more clues were present.

When you look at the number of false positives, despite the study claiming these tests are reliable, you can find good places to challenge the standardized field sobriety tests.

A well known Judge in Georgia describes probation as a jail sentence that you serve on the outside so long as you abide by the terms of probation. He often warns folks that if they cannot follow the rules, he will order them to spend the remainder of probation behind bars. Although it may sound harsh, what I appreciate about this warning is that it is much more candid explanation than what other courts offer.

Prosecutors sometimes describe probation as a mere formality that will give the defendant the benefit of extra time to save money or complete community service – as if probation is a reward or gift. This explanation falls short in many ways, making it easy for people to under-appreciate the severity of what can happen when things do not go as planned while on probation.

What rights are you forfeiting?

While there are cases where probation should be viewed as a gift, it is also frequently used by the government to police behavior – including conduct that has little to do with the original charge.

One fact attorneys, judges, and prosecutors occasionally fail to mention is that probation serves as a formal invitation to law enforcement to come into your home, search your property, and tell you what to do on a regular basis. You give up important constitutional rights when you agree to probation – especially if you waive your 4th Amendment rights at the time of the plea.

Additionally, most probation terms include the possibility of a probation officer coming to your home. However, most of them do not make home visits for many common misdemeanor and traffic offenses.

Will you be exposed to jail time when you go on probation?

Another consideration of probation is that it can lead to unexpected jail time. For instance, if you are on probation because you need extra time to save money for a fine, and you are later charged with possession of marijuana, the judge who handled the speeding ticket could authorize putting you in jail for the remainder of the speeding ticket probation. This happens because almost all probation sentences include the rule against violating any laws, including new traffic tickets.

Luckily, it is rare to see traffic court judges exercise their power in this way. However, anyone considering probation should be aware of this power and act accordingly. Going on probation means giving a lot of authority over your life to someone else.

Why is probation usually 12 months long for misdemeanor offenses in Georgia?

You should also take into account the amount of time you could spend on probation. In Georgia, judges frequently sentence people to 12 or more months in connection with a misdemeanor or traffic offense. The length is 12 months because that is the maximum amount of jail time you could face on most traffic and misdemeanor offenses.

If you are coming from another state, be cautious when considering going on probation because Georgia handles probation differently than other states. Probation is also used more frequently. People are put on probation for 12 months for seemingly non-punitive reasons. One of the most common examples is when the court uses it to facilitate payment plans for large fines on simple traffic offenses. This option can feel like a great way to buy extra time, but it can have disastrous consequences down the road.

Another reason a judge might sentence you to 12 months of probation is that it is more efficient when it comes to managing the court calendar. Sometimes the judge wants to close a case early even though the person has not had time to complete all of the special conditions relevant to the case. For instance, in a drug case, you may have to pay a fine, complete community service, get treatment, and take a class. Because those things are often not completed at the time of the plea, the court uses probation to make sure they get done. The judge assigns the probation officer the task of monitoring your progress, and if you do not complete these things, or you are arrested on a new offense, then the judge has the power to put you in jail for the remainder of probation. For this reason, a 12-month probation sentence can quickly become a lengthy jail sentence when things don’t go according to plan.

The court may also use probation when there is a victim in the case. Let’s say there was a traffic accident, and the other driver incurred medical expenses, or you destroyed their property. Usually, insurance will take care of it. However, it is not uncommon for judges to put you (the driver) on probation to give the prosecutor time to schedule a restitution hearing. At the hearing, the judge will rule whether you should compensate the victim for any financial loss connected to the offense.

Additionally, judges like to use probation to ensure a person behaves a certain way. For example, if you are charged with underage drinking, the judge may want to put you on probation for 12 months and have you tested regularly to make sure you are no longer consuming alcohol. In situations like this, some counties require probationers to call an automated line every morning to see if they have been randomly selected to submit to a drug and alcohol test.

Other times, judges will sentence someone to a lengthy probation period to get them into a court-ordered treatment program. Some of the DUI and Drug Court programs require 24 months or more of probation.

Finally, although in many cases misdemeanor probation is designed to be anywhere between 0 and 365 days, certain offenses require a minimum of 12 months on probation. For example, a conviction of DUI in Georgia requires 12 months of probation. In those cases, the judge would not be permitted to shorten the probation period – regardless of how compelling the reasons may be.

In summary, while probation might seem like a favorable option, it is not something you should take lightly. Carefully take all of these factors into account before accepting a probation plea. And if you need help navigating your legal options, you can schedule a consultation with EHG Law.