Georgia DUI Field Sobriety Defenses

Georgia DUI Field Sobriety Defenses
Field sobriety tests are used by Georgia law enforcement agents to determine if there is probable cause to make a driving under the influence arrest. Unlike a breathalyzer test, field sobriety tests are not scientific, and errors may be made. If you have been charged with a Georgia drunk-driving offense, several DUI field sobriety defenses could be applied to your case.

If the arresting officer’s patrol car was equipped with a camera, your DUI lawyer can request the videotapes to review the field sobriety tests. He or she can compare how the tests were administered against the police department’s training manual to determine if proper police protocol was followed. If the tests were administered incorrectly, the results of your field sobriety tests may be thrown out.

The walk-and-turn test and the one-leg stand test consist of two stages: instruction and performance. During the instruction phase, the officer must give clear directions and then demonstrate how the test should be performed. If the directions were confusing or the officer incorrectly demonstrated the test, this evidence can be used in your favor.

The horizontal gaze nystagmus test measures the involuntary jerking of the eye when a person looks to the side. This jerking becomes more pronounced if a person is intoxicated. However, several medical conditions, such as brain tumors or neurological disorders, could also make a person fail this test. Your lawyer may consult with a medical expert to determine if you have a condition that affected your performance on this field sobriety test.

The field sobriety tests are subjective. If the officer was biased and already believed that you were guilty of drunk driving, this may be reflected in your score. By reviewing the video, your lawyer can see if the tests were graded fairly.

Our lawyers have successfully completed the National Highway Traffic Safety Administration’s field sobriety training courses and are certified as instructors. Thanks to this intensive training, they have the knowledge necessary to develop DUI field sobriety testing defenses for their clients.

As a client, you will receive a FREE copy of The DUI Book, which explains the field sobriety tests in detail. Our lawyers will also handle your administrative license suspension as part of your flat fee.

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