Roswell, GA asked in DUI / DWI for Georgia

Q: What are police looking for when they are trying to find people driving drunk on freeways?

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1 Lawyer Answer
Kelly Case
Kelly Case
Answered
  • Frisco, TX
  • Licensed in Georgia

A: My cynical answer is money, but the reality is that there are people that drive under the influence of either drugs or alcohol when they should not. The police are looking for anyone they determine to be intoxicated (different from drunk). Generally, that is if their blood or breath alcohol level is above .08. However, there is a push to lower this number even though science does not support the theory that a person is intoxicated at this level. Remember, years ago, the level was .10 and then it was lowered to .08. The reason for this was money, statistically there are fewer people driving under the influence at .10 than .08 and now, the push is to lower it to .04. In some states, .02 will be the new legal standard. If you have a commercial Driver's License, you cannot have a blood or breath alcohol concentration of more than .04 in most states. With the advent of driving services such as Uber and Lyft Georgia, my home state, has seen a decrease of 50% in the number of DUI arrests. That means that the revenue the police and courts would have made for those cases, has to be made up somewhere. The easiest way to do that is to lower the per se standard from .08 to .04. DUI is big business for the po-po! They have "special task forces" and DUI "Officer's of the Year" and don't forget about MADD - what will they do when their funding dries up? Typically a DUI stop involves and allegation of drinking and driving and the "standardized field sobriety tests" - the three panel battery of tests that are supposed to help determine if someone is above the per se legal limit of .08. But there are numerous problems with the tests and I personally don't think they are any better than a coin toss, for someone that is really on the line of .08. They were originally designed for the .10 standard and then miraculously, they could also detect if someone was over the .08 standard when the government lowered it from .10 - without additional testing, studies or any of the acceptable scientific standards we are supposed to be using when we lock someone up for a crime because they are guilty beyond a reasonable doubt. So the bottom line is that we need to keep drivers that are truly intoxicated off the streets but how do you determine if someone is intoxicated if you declare an arbitrary standard? You can learn more by downloading my free ebook - "What to do Immediately If you are Arrested for DUI in Georgia" at www.JudgeCase.com

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