Atlanta DUI Arrests by the Georgia State Patrol Nighthawks Division
If you’ve been arrested for a DUI in the City of Atlanta, you most likely were arrested by an Atlanta Police Department officer or a Georgia State Patrol trooper. While the Atlanta Police Department patrols all of the city’s streets, the Georgia State Patrol, specifically their DUI Task force the Nighthawks, patrol the highways and popular areas for Atlanta nightlife. You will often see the Nighthawks in Buckhead near Paces Ferry, Peachtree, Piedmont, and Roswell Roads. They also patrol Midtown near Spring Street and the Buford Highway Connector. They are primarily stopping drivers for two reasons: failing to turn their headlights on after entering their vehicles and failing to maintain lane. All members of the Georgia State Patrol Nighthawks have extensive training in DUI investigation. They are trained in the manner taught by the National Highway Traffic Safety Administration, also known as NHTSA.
The Nighthawks almost always handle their DUI investigations in the same way. After pulling you over, they will approach your vehicle and ask for your drivers license. They will ask you where you are coming from, where you are going, how much you had to drink, what type of drinks they were, and the time of your last drink. Then, they will ask you out of your vehicle and they will usually bring you to the front bumper of their patrol vehicle. At that time they will ask you if you want to perform field sobriety evaluations to determine whether you are safe to drive. You have the right to decline to perform these evaluations if you choose. The three tests the Nighthawks will usually ask you to perform are the Horizontal Gaze Nystagmus (HGN) or “eye” test, the walk and turn test, and the one leg stand test. After you complete those tests, they will typically ask you to blow into a portable breath testing device. This breath test is not the state’s test. While it does provide a number, it cannot be used in court against you. The only result of this test that can be used in court is whether the test was positive or negative for alcohol.
After all these tests, you will most likely be arrested. Once you have been taken out of your vehicle for a DUI investigation, it is unlikely to result in anything but your arrest. After arrest, the Georgia State Patrol trooper must read you the Georgia Implied Consent notice which requests a chemical test of your blood, breath, or urine. They get to choose the test they request and the Nighthawks usually choose a blood draw. After you consent to their test, you are allowed an independent test of your own choosing. These tests are the State’s test and can be used against you as evidence. Depending on the results of the test, or whether a test is performed, the Georgia State Patrol trooper may take your drivers license and issue you a 1205 form that will serve as a notice of drivers license suspension, temporary driving permit, and instructions on how to appeal the pending suspension or get an ignition interlock device limited permit. After arrest, you will be taken to the Atlanta Pre-Trial Detention Center where you will have to go in front of a Judge and then post bond.
You have 30 days from the date you are arrested to protect your drivers license either through appeal or an ignition interlock device limited permit. Talking to an attorney may help you understand your options. They can tell you whether the officer did what they were trained to do during your DUI arrest. They can go over available and dashcam and bodycam (if available) footage with you. And most importantly, an attorney can make sure all your rights are protected. If you’ve been arrested for driving under the influence (DUI) in the city of Atlanta and would like to talk to an attorney, call me at 678-753-6431 for a free consultation.
