Joe Habachy | Atlanta Attorney at Law

Contact:

(404) 523-6622

The Grant Building
44 Broad St. NW. Suite 203
Atlanta, GA. 30303

24 Hour Answering Service
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DUI Defense

Joe Habachy has successfully defended more than one thousand DUI cases in various jurisdictions around the State of Georgia. Joe regularly takes DUI cases to trial and has a high success rate. Many times these cases involve traffic accidents, eye witnesses, high blood alcohol (BAC) levels, prior arrests, and refusals. Further, because of Joe’s reputation and expertise in DUI defense, and because Joe is known for taking DUI cases to trial, he is often able to secure a dismissal or reduction of charges.

Because you have only Thirty (30) business days from the date of your arrest to defend your right to drive, do not delay. Call Georgia DUI Attorney Joe Habachy now to schedule a private consultation.

Below is some basic information about DUI cases and defense in Georgia. Should you have any specific questions, do not hesitate to call Joe at 404-523-6622.

DUI Basic Information (click to expand/collapse)

	They must first prove that you were "driving or in actual physical control of a moving vehicle." This sounds basic, but you might be surprised to know that persons are regularly arrested without any evidence of driving. Joe has handled cases involving persons asleep in their vehicle, persons arrested at their home, and even persons walking to their vehicle with their keys in hand.

	They must prove that the arresting officer had a "reasonable, articulable suspicion" for stopping or approaching the vehicle you were allegedly driving. If you were stopped at a roadblock, they must prove that the roadblock was set up and executed in accordance with the Fourth Amendment to the U.S. Constitution.

	They must prove (in many cases) that you were a less safe driver as a result of drinking alcohol.

	They must prove that after your arrest, the officer read the correct "Implied Consent Warning". The correct warning must be read in substantial compliance with the statute and must be read at the time of arrest or soon thereafter as practicable.

	They must prove that there was “probable cause” to arrest you for DUI. Many times they attempt to do so by presenting evidence of Field Sobriety tests. However, these tests are standardized, meaning they have to be performed systematically without deviation. That is simply not reality, since not all police officers are adequately trained on conducting these tests. The three standardized Field Sobriety Tests are listed below.

DUI Field Sobriety Tests (click to expand/collapse)

Horizontal Gaze Nystagmus (HGN)

Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person may have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a person as the person follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three (3) indicators of impairment in each eye:

-	Eyes cannot follow a moving object smoothly.
-	Jerking is distinct when the eye is at a maximum deviation.
-	Angle of the onset of jerking is within 45 degrees of center.

The HGN test is complicated. Frankly, there are countless police officers with little or no training in accurately conducting this test. Further, the test is usually conducted in less than ideal settings, such as at night, on the side of the highway, with bright lights within view. Further, Nystagmus may be a medical condition you were born with or acquired. Finally, Nystagmus can be caused by numerous other substances or exposure to various chemicals.

Walk and Turn (WAT)

The Walk-and-Turn test and One-Leg Stand test are "divided attention" tests. They require a suspect to listen to and follow instructions while performing physical movements that have no relationship to driving. These tests are not on the driving test and their relevancy is questionable.

In the Walk-and-Turn test, the driver is (in theory) directed to take nine steps, heel to toe, along a straight line (usually imaginary). After taking the steps, the driver must turn by taking a series of small steps and return in the same manner in the opposite direction. The examiner looks for eight indicators of impairment:

-	Cannot keep balance while listening to instructions.
-	Begins walking before the instructions are finished.
-	Stops while walking to regain balance.
-	Does not touch heel-to-toe on each step .
-	Steps off of the line.
-	Uses arms to balance.
-	Makes an improper turn.
-	Takes and incorrect number of steps.

Only Seventy-Nine Percent (79%) of individuals who exhibit two (2) or more indicators in the performance of the test will have a BAC of 0.08 or greater (Stuster and Burns, 1998). Further, Officers regularly give incorrect or insufficient instructions. Officers also fail to demonstrate the test or demonstrate it incorrectly. And again, these tests are conducted under often impossible circumstances (ie: on the side of the interstate with cars speeding by at 90mph). Also, a persons own physical limitations or previous injury may impact their ability to perform this test.

One Leg Stand (OLS)

In the One-Leg Stand test, the driver is instructed to stand with one foot approximately six inches off the ground and count out loud by thousands until he or she is told to put the foot down. The test should last no longer than Thirty (30) seconds. The officer looks for four (4) indicators of impairment:

-	Sways while balancing.
-	Uses arms to balance.
-	Hops to maintain balance.
-	Puts foot down.

Only Eighty-Three Percent (83%) of individuals who exhibit two (2) or more such indicators in the performance of the test will have a BAC of 0.08 of greater (Stuster and Burns, 1998). Here again, there are countless issues with officer training, test conditions, improper instructions/demonstrations, and physical limitations.

JOE HABACHY IS CERTIFIED IN THE ADMINISTRATION OF FIELD SOBRIETY TESTS..

DUI Implied Consent Warning (click to expand/collapse)

DUI Breathalyzer Tests in Georgia (click to expand/collapse)

DUI Penalties in Georgia (click to expand/collapse)

First Offense within 10 years:

-	Fine of $300 to $1,000 plus any statutory surcharges (usually an additional 50%) .
-	Thirty (30) days to Twelve (12) months in jail (the Court may suspend all but 24 hours).
-	Twelve (12) months on probation (minimum), less any jail time imposed.
-	Forty (40) hours of community service (minimum).
-	DUI school (Risk Reduction).
-	Clinical evaluation (can be waived by the Judge).
-	License suspension of up to one (1) year.

Second Offense within 10 years:

-	Fine of $600.00 to $1,000.00 plus any statutory surcharges (usually an additional 50%).
-	Ninety (90) days to Twelve (12) months in jail (the Court may suspend all but 72 hours).
-	Thirty (30) days of community service (minimum).
-	Alcohol and drug evaluation.
-	DUI school (Risk Reduction).
-	Twelve (12) months of probation (minimum).
-	License suspension up to three (3) years (no limited permit whatsoever during the first 12 months, then you can have an interlock ignition device installed on your car for six months).
-	Picture in the local legal newspaper.
-	License plate for any car you own must be surrendered.

Third Offense within 10 years:

-	You will become a Habitual Violator.
-	Fine of $1,000.00 to $5,000.00 plus any statutory surcharges (usually an additional 50%).
-	One Hundred Twenty (120) days to Twelve (12) months in jail (the Court may suspend all but 15 days).
-	Thirty (30) days of community service (minimum).
-	DUI school (Risk Reduction).
-	Twelve (12) months of probation (minimum).
-	Clinical evaluation.
-	Seventeen (17) week treatment program (minimum).
-	LICENSE REVOCATION of Five (5) years (ignition interlock permit may be available after two years).
-	Picture in the local legal newspaper.
-	License plate for any car you own must be surrendered.

Fourth Offense within 10 years:

-	Felony.
-	Fine of $1,000.00 to $5,000.00 plus any statutory surcharges (usually an additional 50%).
-	One (1) to Five (5) years. (No less than ninety (90) days of actual incarceration, remainder on probation).
-	Sixty (60) days of community service.
-	And all of the other conditions of a Third DUI.

What Can Joe Do To Help? (click to expand/collapse)

	Joe will require that the State prove each and every one of these elements on your case.

	As in any criminal case, you are entitled to all police reports, transcripts, videos, audio recordings, maintenance logs, 911 CAD logs, and even information regarding the officers’ credentials, training, etc. We will obtain each and every relevant piece of evidence related to your case. Sometimes, Joe will suggest that you employ a private investigator (ex-cop with 25+ years of DUI experience) to further dissect the evidence.

	If there is a video and it is available to us, we will obtain it and review it with you prior to going to court. These recordings are very helpful in the defense of a case.

	We are entitled to contest certain aspects of your case prior to a trial. Joe regularly files and argues a variety of legal motions relevant to DUI defense. Perhaps most common is the “Motion to Suppress” evidence. Joe will draft, file, and argue this motion where any evidence being used against you has been obtained illegally or is unreliable. Sometimes, simply filing a motion may encourage the State to reconsider or reduce your charges. Simply put, Joe does whatever he can to win your case before you go to trial.

	In the event that a trial is necessary, Joe may suggest employing expert witnesses who can testify about the field sobriety tests or chemical tests.