Court Strikes Down
Mandatory Blood Tests for DUI

By BILL RANKIN 10/6/03

Atlanta Journal-Constitution Staff Writer

The Georgia Supreme Court today declared unconstitutional a provision
of the state DUI law that requires drivers involved in serious accidents
to take blood tests.

The “implied consent” statute allows police to ask a driver involved
in a serious accident to take a blood test, even when there is no
indication the driver was intoxicated or impaired. A refusal to take the
test results in a suspension of driver’s license and can be used against
the driver in court.

The provision applies only to accidents that result in fatalities and
serious injuries, which can include broken bones or loss of
consciousness.

Atlanta lawyer Bob Chestney said the decision will affect many cases
and have far-reaching impact.

“It’s a bright day for the Fourth Amendment in these days we’re living
in where it’s too popular to think that security is more important than
personal liberty,” Chestney said. “It’s refreshing to see our Supreme
Court buck that trend. It’s a victory for personal freedom from
government intrusion.”

The court’s ruling does not affect another aspect of the DUI implied
consent law, which requires drivers to submit to blood tests when an
officer finds evidence a driver was intoxicated or impaired.

Chestney’s client, Carey Don Cooper, was involved in a two-vehicle
collision on Aug. 11, 2000, in Barrow County. During the crash, the
driver of the pickup sustained a broken arm.

After a trooper read Cooper the implied consent notice, Cooper agreed
to take a blood test, which found traces of cocaine. Cooper was convicted
of the misdemeanor offense and appealed that he had been subjected to an
illegal search.

In a unanimous ruling by Justice Harris Hines, the Georgia Supreme
Court agreed.

“While the state’s interest in guarding the welfare and safety of its
citizens with the perils caused by intoxicated drivers is beyond dispute,
it is clear that a primary purpose of [the implied consent law] is to
gather evidence for criminal prosecution,” Hines wrote.

“No matter how important that purpose may be, it does not create a
special need to depart from the Fourth Amendment’s requirement of
probable cause; otherwise it could be argued that the state’s interest in
securing evidence in any situation of potentially serious conduct would
justify dispensing with any finding of probable cause,” Hines said.

Winder lawyer Billy Healan, who also represents Cooper, said his
client faced a 15-day jail sentence, a $1,000 fine and a year on
probation. Healan said that at Cooper’s trial there was no evidence that
his client was impaired.

“This is an important ruling,” Healan said. “The police should have
reason to believe someone is under the influence before being allowed to
test them.”

State High Court Upholds DUI Law Along with Limits Pair of Cases
Had Tested Doctrine

October 4, 2005

News 4 Georgia

ATLANTA — The implied consent law which gives law enforcement
officers power to require chemical tests of suspected drunken drivers in
certain circumstances survived a challenge Monday before the Georgia
Supreme Court.

But in a pair of related cases, consolidated into one ruling, the
court made clear there are limits to that power.

Chemical tests can only be required if two conditions are met: an
individual has been involved in a traffic accident resulting in serious
injuries or deaths and the investigating officer has probable cause to
believe the individual was under the influence of alcohol or drugs.

The decision was unanimous.

The court ruled two years ago that the implied consent law was
unconstitutional to the extent it required a blood test regardless of
whether an officer had probable cause to believe the driver was under the
influence.

Monday’s ruling resulted from new challenges filed by two men charged
with driving under the influence after separate car crashes.

Lawyers for the state argued this summer that the Supreme Court’s
earlier ruling did not apply to the two men because police had probable
cause to suspect both of drunken driving.

While leaving the implied consent law intact, the court’s decision
Monday produced different results for the two men challenging it.

In one, the court dismissed a claim that the defendant was not
properly placed under arrest before his implied consent rights were read
to him. The court said he had been injured in a traffic accident, the
officer had probable cause to believe he was under the influence and no
arrest was required.

In the other, however, there was no injury as defined by the law, even
though there was probable cause for the investigator to believe he was
drinking. His lawyers argued that his refusal to submit to a blood test
should have been suppressed at trial because he was not arrested before
his implied consent rights were read.

The Supreme Court agreed.

Georgia Beer Lovers to Get More Alcohol

Microbrews and International Concoctions to be Offered Along with
Usual Lightweights

Story last updated at 6:55 a.m. Monday, June 21, 2004

Associated Press

ATLANTA–Beer in Georgia is about to get more kick.

The raising of the maximum beer-alcohol content from 6 percent to 14
percent means a new wave of microbrews and international beers will soon
be for sale in the state, giving Georgians options beyond their usual
lightweight brews.

“Beer has gotten a bad rap because of what we’ve been forced to drink
the last 40 to 50 years,” said Glen Sprouse, brewmaster at Five Seasons
Brewing in Atlanta. “Maybe you haven’t had a good beer before.”

In a move supporters billed as a way to promote tourism, lawmakers
passed a measure taking effect July 1 to make Georgia the nation’s 42nd
state to allow a higher beer-alcohol content. Of the holdouts that still
limit beer strength, half are in the South: Alabama, Arkansas, North
Carolina and South Carolina.

Georgia’s beer lovers are delighted.

“The beers we really liked weren’t available because of this law,”
said Ted Hull, a founding member of a group called Georgians for World
Class Beer, which has pushed for reform since 1997. “We’re very excited
about it. It’s been kind of a long road to get to this point.”

Breweries are anticipating the influx of beers by holding tastings and
parties.

Beers that will become available include homemade concoctions, those
brewed by Trappist monks in Belgium and Indian pale ales.

The proposal to raise the beer-alcohol limit met resistance each of
the last few years in the state Legislature. Some politicians were
concerned teenagers would seek out beers with higher alcohol limits and
people would get drunk faster and endanger roadways.

“The biggest concerns were adding to the number of DUIs and accidents
related to alcohol that may kill somebody,” said Rep. Craig Brock,
R-Chatsworth, who voted against the bill. “It’s been a hot issue.”

But gourmet beer supporters say people don’t drink these kinds of
beverages to get drunk. They said these beers are more like sipping a
fine wine or enjoying a piece of premium chocolate.

No one put up significant opposition to the legislation this year, not
even Mothers Against Drunk Driving. At the same time, beer drinkers
enlisted a few state representatives to help them and hired a lobbyist to
persuade others.

“These beers have a very strong taste. It’s an acquired taste,” said
Rep. Stephanie Stuckey Benfield, D-Decatur. “It appeals to a different
kind of market.”

To beer drinkers, the higher alcohol content won’t be the appeal.
They’ll be drawn more to the wider variety of flavors available from
stronger beers, Strouse said.

These beers have more aromatic, bitter and fruit-like tastes. Their
alcohol contents range from just over 6 percent for Sierra Nevada to 10.2
percent for a beer like the trippel made by the Trappists.

They cost a few dollars more than regular beers because they’re more
expensive to brew. That could also make them unappealing to people just
looking to get drunk, said Hull, a civil engineer and home brewer.

With the new law, the brewmaster for Athens-based Terrapin Beer
Company, Brian Buckowski, is looking forward to making a mixture he calls
the Big Hoppy Monster, a red ale with a taste of caramel and a citrus
aroma with a 7.5 percent alcohol content.

“It opens a lot of doors to different styles of beers,” Buckowski
said.

Cross the Line, Pay a Fine
TALLAHASSEE, Florida

Run a red light or cross the stop bar at an intersection and you could
end up paying $185.50. Last Sunday, the Tallahassee Police Department
started Operation Stop at the Line or Pay the Fine, a special effort to
regulate traffic at intersections. Marked patrol vehicles, unmarked
vehicles, police motorcycles, uniformed and plain-clothes officials will
now stand at key intersections. When the signal changes to red, they will
focus their attention on the stop bar painted on the pavement. If a
vehicle crosses the bar, it will be deemed a violation. Besides paying
the fine, three points will be placed on the violator’s license for a
year. Accumulation of 12 points in one year could result in a license
suspension. TPD spokesman John Creamer said the effort is intended to
educate people and get their attention. The special operation will end
Saturday, but officers will continue to regulate and issue citations for
these violations.

Source: http://www.tallahassee.com

Drunk Driving Blood Battle

Palm Bay (FL) police are going after suspected drunk drivers in a new
way. Police say they have a right to seize a suspect’s
blood and make it mandatory using a court order.

Police interpret the fourth amendment as giving them the right to
seize blood because they say it is evidence of a crime. They say drivers
will not have a choice.

“To take constitutional law and obtain a search warrant to obtain that
evidence is just using the law that’s been in existence all along, it’s
just nobody’s decided to use it.”

Palm Bay police also hope to train their officers so they can draw
blood instead of using paramedics to do the job. DUI lawyers say if that
happens, they will try to stop it.

Source: http://cfn13.com

Judge Accused of Being Unfair with DUI Cases

Orange County, FL-Veteran Orange County Judge C. Jeffrey Arnold has been accused of routinely sharing strategies with DUI defense attorneys for securing the dismissal of cases.

According to the Orlando Sentinel, audio from courtroom recordings reveals Arnold disclosing to attorneys how he will most likely rule on their DUI cases. He suggested that he will dismiss the cases because he will make the prosecution explain the technology behind a Breathalyzer device called the Intoxilyzer.

But the prosecution cannot produce such information. Because the Intoxilyzer’s producer, CMI Inc., will not divulge data regarding the device’s technology, much debate surrounds the use of the Intoxilyzer. Law enforcement officials in every county of the state utilize the
Intoxilyzer.

In the courtroom recordings, Arnold stated that taking advantage of this loophole will ultimately help the cases be dismissed, due to the invalidity of the Intoxilyzer evidence. He implied that throwing out the Intoxilyzer information will speed up the cases and therefore help him with his heavy caseload.

The State Attorney’s Office is seeking Arnold’s removal from six cases regarding DUIs as well as future DUI cases. The State Attorney’s office believes that Arnold shows a biased stance in DUI trials.

In defense of his position as judge, which is being challenged by the
Orange-Osceola State Attorney’s Office, Arnold claimed that he is supplying defense attorneys with information that is useful to them-and legal for him to
share.

Defense attorneys reported that Arnold also told them to spread the information among their colleagues. Arnold rebutted that when he shared information with defense attorneys, prosecutors were always present.

Arnold suggested that prosecutors should also create their argument with other evidence, including the defendant’s appearance, speech, behavior, and testimony from witnesses.

While Arnold has decided to avoid serving on the six cases that the State Attorney’s Office is concerned about, he has no plans to permanently avoid DUI cases in the future.

Defense attorneys contend that Arnold was simply trying to speed up the litigation process.

Judge’s Removal Sought in DUI Cases
Prosecutors claim Orange County Judge C. Jeffrey Arnold is
unfair.

Veteran Orange County Judge C. Jeffrey Arnold has routinely advised
defense attorneys how to get major evidence in their clients’ DUI cases
dismissed.

He also told those same attorneys to spread the word among their
colleagues.

Now, the Orange-Osceola State Attorney’s Office wants Arnold removed
from six DUI cases and all future cases like it, arguing that the judge
has made statements “which make the state believe that it cannot receive
a fair hearing on these matters.”

If the judge does not comply, the State Attorney’s Office “will seek
other appellant avenues for remedy,” Randy Means, spokesman for State
Attorney Lawson Lamar, said Thursday.

The dispute centers on a controversy over the breath-testing machine
used by every law-enforcement agency in the state. Defense attorneys want
to know exactly how the Intoxilyzer 5000 works — its so-called
source-code information. But the device’s manufacturer, CMI Inc., has
refused to give up the information, claiming it’s a trade secret.

In courtroom recordings Arnold is heard advising attorneys for the
defense and the prosecution on how he plans to rule on motions requesting
the information. In order to save time and energy and to help manage his
heavy caseload, Arnold said he will most likely grant motions to force
the prosecution to produce the information.

When the state refuses, Arnold said he will then suppress Intoxilyzer
information and not allow it at trial. He notes that the sanctions can be
blamed on a third party: the manufacturer.

But in an interview late Thursday, Arnold said he is simply telling
defense attorneys what they have a right to know. He said appellate-court
decisions and other judges have established case law that entitles
defendants to the source-code data.

In fact, several judges in Seminole County have thrown out hundreds of
breath-alcohol readings over the same issue.

Without new arguments from the state — which he is willing to hear —
the results of similar hearings before him would likely fall in favor of
the defense, Arnold said.

Beyond that, Arnold noted that the lack of breath-test results doesn’t
mean the prosecution’s case is dead.

“They can use the defendant’s driving pattern, his appearance, his
speech and his behavior at the scene,” Arnold said.

Arnold added that prosecutors may also use field-sobriety-test results
and testimony from witnesses.

Arnold said he probably will remove himself from the six cases cited
by the State Attorney’s Office but has no intentions of moving to another
division or recusing himself from future DUI cases.

Ninth Judicial Circuit Chief Judge Belvin Perry was out of town
Thursday. But according to court spokeswoman Karen Levey, Perry is not
expected to reassign Arnold or prevent him from hearing DUI cases.

The motions signed Tuesday by Assistant State Attorney Erin DeYoung
quote Arnold telling a defense lawyer that he is giving the advice “out
of self defense” because he is trying to “recapture some of my time” and
eliminate the need for time-consuming hearings.

During one proceeding, Arnold said, “The sanction will be to exclude
the breath test, and it’s out of there. We spend at most 15 minutes and
very little money, time or effort.

“I don’t have any interest wasting all my valuable hearing time on
motions that we don’t need to hear, so keep that idea in mind,” Arnold
told the attorneys.

The collection of Arnold’s statements led DeYoung “to believe that the
state of Florida cannot get a fair hearing in matters involved in DUI
prosecution in front of Judge Arnold.”

But Arnold said DeYoung wasn’t even in his courtroom when he made the
comments. And he maintained that his words were always spoken when
defense attorneys and prosecutors were present.

“The [DeYoung] motion is the result of an incomplete and inaccurate
investigation,” Arnold said. “If she had completed her investigation, she
would have found that these conversations were the subject matter of
multiple discussions involving her staff and can be characterized as case
management to resolve the backlog of pending DUI motions.”

Stuart Hyman, a leading DUI defense attorney in Central Florida, said
Arnold “is doing the right thing. He is doing docket control.”

He added, “The definition of insanity is doing the same stupid thing
over and over again.”

“I think he was trying to save the public many, many days of
litigation,” Hyman said. “The state of Florida chose to do business with
an entity that refuses to give up the information. If there’s any blame
in this thing, it’s with the state of Florida for negotiating a contract
with a company that won’t give up the information.”

SOURCE: http://www.orlandosentinel.com/

Florida DUI and Administrative Suspension Laws

How do I reinstate my license after a conviction for Driving Under the
Influence (DUI)?

1st DUI – 180 day to 1 year revocation effective on conviction date.
Before expiration of the revocation period, you may apply for a hardship
license in the county where you live. DUI School completion and
treatment, if referred, is required. You then can apply for a hardship
license in any Administrative Review Office (see listing “Under
Suspension – Need Driver License for Work”) where you live.

If you wait to reinstate your license until your revocation period
ends, you must present proof of enrollment or completion of DUI School
and treatment, if referred, is required. Failure to complete the course
within 90 days after reinstatement will result in cancellation of your
driver license by the department until the course is completed and
failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $60 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

2nd DUI conviction in more than 5 years will result in a 180 day to 1
year revocation. You cannot reinstate early for hardship. The full
revocation period must be served before requesting driver license
reinstatement.

The second DUI conviction within a five-year period will result in a
five-year revocation. You may apply for a hardship license at the
Administrative Review Office after serving one year from effective date
of revocation. DUI School, and treatment, if referred, must be completed
and you must have a favorable recommendation from the Special Supervision
Services Program to be eligible for a hardship license. If given approval
to reinstate early for hardship, you must present this approval to the
driver license office. You must remain in the Special Supervision
Services Program for the duration of the revocation period to retain your
hardship license.

If you wait to reinstate until after your revocation period ends, you
must present proof of enrollment or completion of DUI School, and
treatment, if referred, is required. Failure to complete the course
within 90 days after reinstatement will result in cancellation of your
driver license by the department until the course is completed and
failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $60 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

3rd DUI conviction in more than 10 years will result in a 180-day to
1-year revocation unless 2 of the convictions fall within 5 years in
which case a five-year revocation will apply. You are not eligible for a
hardship license, but must wait out the revocation period.

A 3rd DUI within a 10-year period will result in a 10-year revocation.
You must serve 2 years of this revocation period before being eligible to
apply for a hardship license in the Administrative Review Office (see
listing “Under Suspension – Need Driver License for Work”) where you
live. You must complete DUI School, and treatment, if referred, and have
a favorable recommendation from the Special Supervision Services Program
to be eligible for a hardship license. If given approval to reinstate
early for hardship, you must present this approval to the driver license
office. You must remain in the Special Supervision Services Program for
the duration of the revocation period to retain your hardship
license.

If you wait to reinstate until after your revocation period ends, you
must present proof of enrollment or completion of DUI School, and
treatment, if referred, is required. Failure to complete the course
within 90 days after reinstatement will result in cancellation of your
driver license by the department until the course is completed and
failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $60 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

4th DUI or Subsequent DUI Conviction will result in a permanent
revocation. There is no provision for a hardship license.

Driving with an unlawful alcohol level (DUBAL) (.08)

You will be suspended as of the arrest date for 6 months for the first
offense and one year for any other offense of DUBAL. You will be given a
30-day permit on the date of the arrest. Once the permit has expired,
then 30 days of the suspension must be served before he/she is eligible
to apply for a hardship license.

You will be eligible for a hardship license on the first and any
consecutive suspension. You must provide proof of enrollment in a DUI
School to the Administrative Review Office (see listing “Under Suspension
– Need Driver License for Work”) for consideration for a hardship
license. If given approval to reinstate early for hardship, you must
present this approval to the driver license office. Failure to complete
the course within 90 days after reinstatement will result in cancellation
of your driver license by the department until the course is completed.
Treatment, if referred, is required. Failure to complete treatment may
result in cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide
proof of DUI School enrollment or completion to the driver license
office. Failure to complete the course within 90 days after reinstatement
will result in cancellation of your driver license by the department
until the course is completed. Treatment, if referred, is required.
Failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay $115
administrative fee and $35 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

How do I reinstate my license after a suspension for refusal to submit
to a breath/urine test?

You will be suspended as of the arrest date for one year for the first
offense and 18 months for any consecutive offenses. You will be given a
30-day permit on the date of arrest and when the permit expires must
serve 90 days of the suspension before he/she is eligible to apply for a
hardship license on the first suspension. No hardship license is
permitted if you have refused to submit more than 2 times.

You must provide proof of enrollment in a DUI School to the
Administrative Review Office (see listing “Under Suspension – Need Driver
License for Work”) for consideration for a hardship license. If given
approval to reinstate early for hardship, you must present this approval
to the driver license office. Failure to complete the course within 90
days after reinstatement will result in cancellation of your driver
license by the department until the course is completed. Treatment, if
referred, is required. Failure to complete treatment may result in
cancellation of your driver license.

If you reinstate after your revocation period ends, you must provide
proof of DUI School enrollment or completion to the driver license
office. Failure to complete the course within 90 days after reinstatement
will result in cancellation of your driver license by the department
until the course is completed. Treatment, if referred, is required.
Failure to complete treatment may result in cancellation of your driver
license.

At the time of reinstatement, whether for a hardship license or a full
license, you must take the required examination, and pay
$115administrative fee and $35 reinstatement fee and any license fee
required. Proof of liability insurance on the arrest date will be
required or proof of liability coverage and a $15 reinstatement fee will
be required.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle under the influence?

You are disqualified from driving a commercial motor vehicle for one
year and you are not eligible for a hardship license. You must wait the
full year, then pay a $60.00 fee and restore the commercial drivers
license. If you were transporting hazardous materials when convicted, the
disqualification is for three years.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle with unlawful alcohol level (.04)?

You are disqualified from driving a commercial motor vehicle for one
year and are not eligible for a hardship license. You must wait the full
year, then pay a $60.00 fee and reinstate the commercial drivers license.
If you were transporting hazardous materials when convicted, the
disqualification is for three years.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle in possession of controlled substance?

You are disqualified from driving a commercial motor vehicle for one
year and are not eligible for a hardship license. You must wait the full
year, then pay $60.00 fee and restore the commercial drivers license.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle and I refused the test to determine alcohol
level?

You are disqualified from driving a commercial motor vehicle for one
year and are not eligible for a hardship license. You must wait the full
year, pay $60.00 fee and restore the commercial drivers license.

What happens to my driving privilege if I’m convicted of driving a
commercial motor vehicle and I received 3 traffic violations within 3
years? You are disqualified from driving a commercial motor vehicle for
120 days. After 120 days, pay $60 fee and restore the commercial drivers
license.

What happens to my driving privilege if convicted of driving a
commercial motor vehicle and I received 2 traffic violations within 3
years? You are disqualified for 60 days from driving a commercial motor
vehicle. After 60 days, pay $60.00 fee and restore the commercial drivers
license.

See full Explanation at Florida Department of Highway Safety and Motor
Vehicles http://www.hsmv.state.fl.us/ddl/duilaws.html

Florida DUI Conviction: Persons Under 21: Required
Suspension

DUI Under 21 Years of Age

Administrative Suspension of Persons Under the Age of 21 for Driving
With an Alcohol Level .02 or Above

Section 322.2616, Florida Statutes, authorizes law enforcement
officers having probable cause to believe that a motor vehicle is being
driven by or is in the actual physical control of a person who is under
the age of 21 while under the influence of alcoholic beverages or who has
any alcohol level may lawfully detain this person and may request them to
submit to a test to determine the alcohol level. This violation is
neither a traffic infraction nor a criminal offense, nor does being
detained under this statute constitute an arrest.

First Suspension for Persons Under the Age of 21 With An Alcohol Level
.02 or above: 6 months. Second or Subsequent Suspensions 1 year.

First Suspension for Refusal to Submit to Breath Test: 1 year. Second
or Subsequent Suspensions for Refusal: 18 months.

The suspension is effective immediately. If the breath or blood
alcohol level is .05 or higher the suspension shall remain in effect
until completion of a substance abuse evaluation and course. The officer
will issue the driver a temporary permit effective 12 hours after
issuance which is valid for 10 days, provided the driver is otherwise
eligible.

Drivers have only 10 days from arrest to request an administrative
hearing to prevent suspension of driver’s licence.

Information above is from the Department of Highway Safety and Motor
Vehicles and should be used as a reference only.

See full Explanation at Florida Department of Highway Safety and Motor
Vehicles
http://www.hsmv.state.fl.us/ddl/duilaws.html

Q: How can I get a copy of my driving record?

A: This information is not available via the internet. However, it may
be available from private vendors. To obtain a copy of a driving record
from the Department of Highway Safety and Motor Vehicles, you can submit
a written request which includes your full name, date of birth, social
security number, Florida driver license number (if available) and the
address where the record is to be sent, along with the appropriate fee
to:

Bureau of Records
P.O. Box 5775
Tallahassee, Florida 32314-5775

If you wish to use express mail, you should send your request to:

Bureau of Records
2900 Apalachee Parkway, MS 90
Tallahassee, Florida 32399-0575.

Cost for these records:
$2.10 3-year $3.10 7-year (complete)
$3.10 3-year or 7-year (certified)

You may pay by personal check or money order made payable to the
Division of Driver Licenses.