5 things the District Attorney may not want you to know :

1. He does not have all the witnesses available to prove his case.
2. He has exculpatory evidence which would prove your innocence.
3. He has evidentiary problems in proving your blood alcohol level.
4. He's bluffing.
5. He has an extremely long calendar and does not want to spend several days on one case.

6 of the facts that must be proved before you can be found guilty:

1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the state of Georgia, while
5. Your blood alcohol level was over one of the prescribed limits within 3 hours of driving or
6. You were less safe to drive as a result of consuming alcohol or drugs.

What you must do immediately to preserve your right to drive:

• Send a letter to Georgia Department of Motor Vehicle Safety within 10 business days of the date of your arrest requesting a hearing.

11 questions your attorney must ask you.

1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer's stated reasons for stopping you.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed prior to a breath test.
11. What is your prior DUI and driving record.

What are the 4 items crucial to your defense?

1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. An experienced attorney.

What is the one thing your attorney must do to raise objections based on the Summons and Complaint?

• Appear in person for your arraignment.

Why a jury trial is advisable:

• Six people have to agree on your guilt instead of one.

What is necessary to get a jury trial?

• You automatically have a right to a jury trial. In some cases you have to demand one.

How the arresting officer's testimony can be discredited:

1. Inconsistent statements.
2. Failure to recollect.
3. Bias.
4. Actions that are contrary to his training.

5 requirements which must be followed for chemical and roadside tests to be valid:

1. The officer must have had a reasonable suspicion that you were violating the law.
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
3. The officer need not tell you that you have a right to refuse a portable breathalizer test or field sobriety tests.
4. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
5. The officer must give you your Implied Consent Warnings after you are arrested, if he is going to administer a chemical test.

What are the 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you.
2. The effect of a conviction.

3 questions to ask on how to determine if you can plea bargain, and at what step you should do it.

• It's a cost benefit analysis. How much do you have to defend your case?
• What are the consequences of losing the case at trial?
• What are you willing to risk, jail time versus loss of license?

What effect will this arrest have on my license and when will I be able to drive?

• If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for at least a year. A letter must be sent to the DMVS within ten business days of the arrest or your license will be lost. _ If the license is suspended due to a refusal, the only way to get it back is to win the case at trial or have it reduced to a non-dui disposition.

3 possible consequences for your privilege to drive if you're found guilty in court

• If it is a first conviction in five years and there is no refusal suspension, you are entitled to a work permit
• If you have been suspended for refusing and are convicted, THERE IS NO WORK PERMIT.
• If this is a second offense in five years, THERE IS NO WORK PERMIT.

What 4 preliminary motions should be filed, and the danger to you if they aren't.

1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
3. Motion to suppress statements on failure to give Miranda rights, if applicable.
4. Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.

7 defense tactics in pre-trial motions:

1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given
6. Contest the use of a Portable Breath Testor.
7. Contest the use of a Blood or Breath Test.
8. Contest the constitutionality of any search and seizure.

3 Penalties for DUI Offenses (1st in 5; 2nd in 5; and 3rd in 5)

What is the penalty for a first DUI conviction within a 5 year period?