David is a Joint Terminal Attack Controller for the U. S. Air force. He was arrested for Failure to maintain lane, and DUI – Refusal. He fought the DUI, and won. He settled for Driver to use due care. The charge for Failure to maintain lane was merged. Here is what happened.
The Richmond Hill Police Department report said that David struck the shoulder line on three occasions, put on his blinker, and turned right. At the window the police officer asked David if he drank tonight. David said he had one beer. The cop wrote in his report, “I asked if he would submit to taking some field sobriety tests, which agreed. While attempting three standardized field sobriety tests, David stated he had medical conditions that prevented him from taking them.” The officer did not do any of the three field sobriety tests. He decided to give David the preliminary breath test, and then he arrested David for DUI. He read David the Georgia implied consent for suspects 21 and over (an orange card), and asked him if he would take a breath test. David said, “No.” He was arrested for Failure to maintain lane, and DUI – Refusal.
The officer asked David to do field sobriety test. David agreed. The officer then asked David if he had any medical problems that would prevent him from doing the tests? How would David know? He doesn’t know what the surprise tests will be. David told the cop that he has chronic knee problems from an earlier injury. David answered the cop’s interrogation questions. David never told the cop that, “he had medical conditions that prevented him from taking them.” For one, he doesn’t know what the tests will be. Second, David thought he had to do them. As David stood there, the officer decided not to do any of the three standardized tests, and told David to blow into the hand held breath test on the side of the road. Once again, David submitted to the officer’s demand thinking he has no choice. Then he was arrested.