[CalledDownLight]

There is some terrible information in this thread. What I include in this will be information from Georgia, which is pretty tough on DUIs.

The first mistake you made, which I'm sure you realize now, is telling the officer that you had something to drink. This is very bad no matter what the situation is. You can tell them that you haven't had anything regardless of whether or not it is the truth. Don't refuse to answer, just tell them you haven't been drinking. Lying before an arrest is not at all illegal outside of providing false identification to the cop. They can't hold this against you in court, but a submission puts them really close to or gives them probable cause for an arrest.

The field sobriety tests are optional, but should be taken if you are truly sober and will pass. In Georgia the tests are ten steps on a line (heel to toe on each step with a turn after the tenth step and then ten more steps), standing on one leg and looking at the opposite foot while counting (one one thousand two one thousand style) until the officer tells you to stop, and the eve test where they check for random movement (eye twitching is uncontrollable, but only happens above a .10 BAC as per many studies done before the test was instituted). These will likely not get you off the hook in borderline cases, but can help and could just end the situation right there if you actually are sober. They will intimidate you, mislead you, tell you that it will be easier on you if you confess during this entire process. This is just part of their tactics and is legal (they can lie to you, its [censored] up but for some reason it is allowed). Do NOT let them trap you and admit to anything, stay strong and never waiver with what you have said. When they ask where you are going to and from give then an answer like dinner to home, nothing that could even lead them to thinking anything else. With the field tests do not take them if you feel pressure easily (even if sober). They are tough and the officers will be talking to you in a demeaning tone as you go through the whole process while still trying to coerce information or a submission out of you. Say as little as possible. The more you talk the more chance you slip up or they get something small that is important. They are persistent and these arrests take a decent amount of time anyways so keeping quiet makes it easier on you given that you are not likely to convince them to just let you go once you are more than 10 minutes into this.

The field breathalyzer is something that you should NEVER take under any circumstances. Although the results are inadmissable in court, blowing above the legal limit gives the officers probable cause for the arrest, but blowing below the limit will not necessarily get then off of your back.

If they arrest you then you will be taken to the police station and questioned a little further and officially breathalyzed. At no point are they required to read you your Miranda Rights, just know that after you are in custody (handcuffs) they can use what you say in court. You get two attempts and the LOWER of the two attempts is the one that is used as the official result. The mandatory breathalyzer at the police station should be taken in some circumstances and not in others. In close cases, especially if you know you have passed the field test, then do NOT take the test as this is the only solid evidence that the police will have against you. If you are clearly legal (had two drinks or something) just blow and be done. If you are completely wasted (know you will fail) then NEVER take this test either. A DUI comes with a suspended liscense anyways. Also, there is a separate hearing for a liscense suspension (automatic, 1 year in Georgia) for cases where you refused to blow. The catch here is that this comes before the DUI trial. Some, typically the cops that are there just to catch people DUI, will not show up to these hearings because they are simple liscense hearings and in a traffic court rather than normal court. If the officer fails to show up to these (a good lawyer can get these moved around and postponed so the officer will have to come multiple times) then you are off the hook for the ENTIRE DUI. Although, you will automatically lose your liscense you give them less evidence and pick up an out per se if you believe you will fail the breathalyzer.

After this you will either be taken to jail if they are going to charge you or let go. From here the only thing to do is get the best lawyer you can and have them fight it. Getting it postponed, transferrred to different courts (county if it was a city police officer), and getting a favorable judge are things that your attorney will have at least some influence over.


In your case there seem to be many holes. First off, they breathalyzed you five times??? This must have been the portable breathalyzer, which you shouldn't have taken. They can't legally do this, but its your word against theirs in most cases (a lawyer should be able to get you the police tape from the car, but this only matters if you can see or hear whats happening). They did this for probable cause for the arrest. At the station I assume you only blew twice. Is this correct? If you actually blew five times at the station then this should be enough to get the case thrown out on its own as the officer did not properly conduct the test. Passing the field tests is good in that they don't have it against you, but it won't clear you by itself. It can only show that you were still capable of driving or at least functioning fine. Hire the best lawyer you can find (preferably one with local experience having worked with the prosecutor, judge, and officer before). If they realize the case has holes then experience with the officer helps. The officer is the one that makes the decision on dropping the charge in favor of reckless or something else so a working relationship between your lawyer and the officer is important. If he's local then he should have experience with all the prosecutors and judges so that isn't a problem. This is going to get expensive ($2-3k base with some more premiums totaling up to a few thousand more). Get in contact with lawyers soon and ask for a copy of the police report also. The god lawyers will get you through it from there.

To me it looks like you have a decent case to at least cut a deal for reckless, but there isn't enough information to tell in your posts.