While most police officers are honest, hardworking and diligent in performing their duties. you have an absolute right question or challenge an arresting officer's conduct during your DUI or other criminal arrest.  The Georgia legislature has put into place important safeguards to protect citizens against overzealous police officers and prosecutors.  Sometimes the state's mistakes are not as significant as those of Officer Haleas.  However even minor deviations from procedure can provide you and your lawyer leverage to challenge an arrest, and can help in lawyer-prosecutor negotiations.

Thanks to Chicago DUI lawyer Ava George Stewart for posting information about Officer Haleas.

• Odor of Alcohol: Strong, Moderate, Faint, None
• Eyes: Bloodshot, Watery, Glassy, Dilated, Constricted
• Speech: Mumbled, Slurred, Confused, Not Understandable, Mushmouthed, Stuttered, Fair, Good, Accent, Thick Tongued
• Balance: Wobbling, Falling, Swaying, Unsure, Needed Support
• Attitude: Excited, Hilarious, Talkative, Uncooperative, Profanity, Polite, Sleepy, Combative, Indifferent, Cooperative, Insulting, Cocky
• Walking/Turning: Falling, Swaying, Staggering, Stumbling

Why are these signs important? While the State (i.e. police officer) has a certain amount of leeway to investigate drivers, that leeway is not unlimited. If the officer does not have reasonable cause to suspect that a defendant is under the influence, the arrest and subsequent evidence gathering can be attacked and possibly excluded.

Jamie writes that he will explore each of these factors in subsequent posts on his blog.

Technorati Tags: signs of DUI, right of officer to arrest me for DUI, challenge DUI arrest

In his post about breathing and breath tests, Attorney Taylor also cites a research study by a University of Washington Professor of Physiology who found that the last part of your exhalation has a higher alcoholic content than the first part, meaning that a police officer's command to "blow harder" may very well result in a higher BAC reading on the breath test.

Georgia Courts have long rules that arrest scene breath tests are not admissable evidence. Mr. Taylor explains the science behind the reasons breath tests are flawed in another post on his blog. It would be interesting to know the psychological impact that a failed breath test has on a defendant's subsequent decisions to admit to alcoholic consumption or to not assert his other available rights.

Answer:  The Alcosensor is the portable hand held breath testing device that is administered at the scene of the pullover.  The Intoxilyzer 5000 is the breath testing device that looks like a computer, and usually located at the precinct or jail and is the device which the state uses to prove that you have more than the legal limit of alcohol in your blood.  The results of the portable Alcosensor administered in the field is not admissable in court to prove that you have more than the legal limit of alcohol in your blood.  Remember, there are good challenges to both testing devices.

It sounds like you did not do all of the Field Sobriety Evaluations, which may be good, depending on how much alcohol you had and whether you feel you did well on the tests.  It is always a good idea to request the advice of an attorney.  If the cop does not do a good job on his pre-arrest investigation, that can be to your advantage.  Maybe he did not obtain enough information to justify arresting you in the eyes of the judge, who may rule in your favor at the motions hearing.

–Guy

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