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What to expect during a DUI stop in Canton, GA
/in Blog, Criminal Law, Drivers License, DUI, Georgia, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws, License Suspension, Misdemeanor, Municipal Court /by lawyerBy: Attorney Alex Henson
If you are suspected of driving under the influence of alcohol in Canton, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?
First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.
Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.
The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.
If you are arrested for DUI in Canton, GA for DUI, your case will be sent to Canton Municipal Court. In the Canton Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cherokee County.
If you have been arrested for DUI in Canton, GA and would like a free consultation, call us at (404) 581-0999.
What to expect during a DUI stop in Woodstock, GA
/in Blog, Court Dates, Criminal History, Criminal Law, Drivers License, DUI, Georgia Criminal Law, Georgia DUI, Georgia Law, Georgia Traffic Laws, Misdemeanor, Municipal Court /by lawyerBy: Attorney Alex Henson
If you are suspected of driving under the influence of alcohol in Woodstock, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?
First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.
Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.
The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.
If you are arrested for DUI in Woodstock, GA for DUI, your case will be sent to Woodstock Municipal Court. In the Woodstock Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of Cherokee County.
If you have been arrested for DUI in Woodstock, GA and would like a free consultation, call us at (404) 581-0999.
What to expect during a DUI stop in Doraville, GA
/in Blog, Criminal Law, DeKalb County, Drivers License, DUI, Georgia Criminal Law, Georgia DUI, Misdemeanor, Municipal Court /by lawyerBy: Attorney Alex Henson
If you are suspected of driving under the influence of alcohol in Doraville, GA you might be pulled over and investigated by police. What can you expect during a DUI stop?
First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and refuse to answer the question, but always be polite and respectful. Any statements you make could be used against you later in court.
Next, the officer might ask you to perform certain exercises to see if you are safe to drive. These exercises are called Standardized Field Sobriety Tests and your performance could be used against you in court later. The most common of these tests are the horizontal gaze nystagmus (HGN), the one leg stand, and the walk and turn. It is voluntary to participate in field sobriety tests. Refusing to participate cannot be used against you in court later.
The officer may decide that you are under the influence and less safe to drive. If the officer decides to arrest you, he or she may read you Georgia’s implied consent statement and request chemical testing of your breath or blood. These tests are voluntary, but refusal can result in your license being suspended.
If you are arrested for DUI in Doraville, GA for DUI, your case will be sent to Doraville Municipal Court. In the Doraville Municipal Court, you will have the opportunity to resolve your case. However, if you decide you want a jury trial, your case will be transferred to the State Court of DeKalb County.
If you have been arrested for DUI in Doraville, GA and would like a free consultation, call us at (404) 581-0999.
DUI: One Leg Stand Test
/in Atlanta DUI, Blog, DUI, Field Sobriety Evaluations, Georgia DUI /by Ryan WalshBoth the Walk and Turn (W&T) and One Leg Stand (OLS) tests are considered, “divided attention” tests. The officer is determining how well a subject can multitask (mentally focus on multiple tasks or ideas at once). We will see there are two stages: an instruction stage and a performance stage. For the purposes of today’s article, we will just discuss the OLS test.
One Leg Stand (OLS)
Test Conditions
The OLS Test requires a reasonably dry, hard, level, and non slippery surface in relatively safe conditions. Standardizing this test for every type of road condition is unrealistic. Therefore, if road conditions are not ideal, officers are trained to:
- Ask subject to perform the test elsewhere; or
- Only administer HGN
The original research studies of this test suggest that individuals over 65 years of age; people with back, leg or inner ear problems; or people who are overweight by 50 or more pounds may have difficulty performing this test. In addition, the original studies suggest that individuals wearing heels more than 2 inches high should be given the opportunity to remove their shoes.
Test Procedures
The test is initiated by the officer giving the following instructions, accompanied by demonstrations:
- “Please stand with your feet together and arms down at the sides, like this.” Officer demonstrates placement of feet and arms.
- “Do not start to perform the test until I tell you to do so.”
- “Do you understand the instructions so far?” Officer trained to receive some affirmative response before continuing.
- “When I tell you to start, raise either leg with the foot approximately six inches off the ground, keeping your foot parallel to the ground.” Officer demonstrates the position.
- “Keep both legs straight and your arms at your side.”
- “While holding that position, count out loud in the following manner: ‘one thousand one, one thousand two, one thousand three,’ and so on until told to stop.” Officer demonstrates counting while maintaining position.
- “Keep your arms at your sides at all times and keep watching your raised foot, do you understand?” Officer trained to ensure subject indicates understanding and answer any of subject’s questions regarding the test.
- “Go ahead and perform the test.”
The officer is trained to always time the thirty seconds in which they evaluate the test. The test should be discontinued after 30 seconds. If the subject places his or her foot down, the officer is trained to instruct the subject to pick foot up again and continue counting from where the subject’s foot touched the ground.
Test Interpretation
There are a maximum number of four clues on this test. Officers are trained that if the subject shows two or more clues or fails to complete the test, there is a probability of impairment.
Subject sways while balancing. This clue refers to side to side or back and forth motion while the subject maintains the One Leg Stand position. Swaying means a distinct, noticeable side to side or front to back movement of the elevated foot or of the subject’s body. Slight tremors of the foot or body should not be interpreted as swaying.
Uses arms to balance. This clue is recorded if the subject moves his/her arms 6 or more inches from the side of the body in order to keep balance.
Hopping. This clue is recorded if the subject is able to keep foot off the ground, but resorts to hopping to maintain balance.
Puts foot down. This clue refers to when the subject is unable to maintain the OLS position by placing the raised foot down one or more times during the thirty second count.
It is possible for the officer to observe two clues simultaneously. If a subject is unable to perform the test, the officer is trained to record observed clues and document the reason for not completing the test.
Call Us Today
If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.
Field Sobriety Tests Introduction
/in Atlanta DUI, Blog, DUI, Georgia DUI /by Ryan WalshWhat are Field Sobriety Tests?
In virtually every situation where a person has been pulled over for an alleged traffic violation and the officer “detects an odor of alcohol,” the officer will routinely ask the driver to perform Field Sobriety Tests (“FSTs”). These FSTs are used by the officer as tools used to assist them in determining whether probable cause exists to arrest a driver for the offense of DUI.
A Little About the Tests
After many years of research and in an attempt to standardize Field Sobriety Testing, the National Highway Traffic and Safety Administration (“NHTSA”) adopted three field sobriety evaluations for use by police officers nationwide: the One Leg Stand, the Walk & Turn, and the Horizontal Gaze Nystagmus. NHTSA has issued strict standards by which the evaluations must be administered in order to ensure the tests’ results are consistently reliable and valid. These standards are published in a manual given to every NHTSA trained officer. The manual provides the precise procedures police officers are to use when administering the NHTSA-approved FSTs to DUI suspects.
FSTs to our Advantage
As a result, lawyers are able to question officers about their administration and interpretation of these FSTs under the NHTSA standards. In Georgia, every police officer is required to be trained under the standards provided by the Peace Officer Standards and Training Council (P.O.S.T.). As of October 1, 1995, P.O.S.T. adopted the three NHTSA-approved FSTs.
This FST blog series will explore each of the three NHTSA FSTs in detail. We will discuss the tests themselves, how these tests are administered, how officers score the tests, and common mistakes officers make in giving these tests.
by Casey Cleaver
VIDEO – One Leg Stand Field Sobriety Test
/in Atlanta DUI, Blog, Criminal Law, DUI, Georgia, Georgia DUI, Know the Law, Video Blog /by Ryan Walshby Scott Smith and Ryan Walsh
You’ve agreed to take standardized field sobriety tests and the next thing you know you are raising your foot off the ground, trying to balance on one leg. What is this test? What is the officer looking for? Those questions are the subject of today’s Peach State Lawyer video blog.
The last of the three standardized field sobriety tests is the one leg stand field sobriety test. This test is performed exactly how it sounds. The officer will have you stand with your feet together, hands down by your side. You will then raise one leg six inches off the ground and hold that position, counting out one thousand-one, one thousand-two, and so on, until the officer asks you to stop.
Typically, this test will last approximately thirty seconds. During this test, the officer is looking for four specific clues. Those clues are number one, putting your foot down, hopping, swaying, and using your arms for balance.
If any of these four clues happen once at any time during the test, it constitutes a clue. Exhibiting two clues out of four clues indicates to the officer that you are an impaired driver. An experienced Georgia DUI attorney can help you look at a copy of the video and point out the good and bad things done on the test. This includes the officer’s description and demonstration of the test.
In our experience, people who have nothing to drink can sometimes perform very poorly on this dexterity test.
Our officer of experienced Georgia DUI attorneys can look at your performance on any of these field sobriety tests and tell you the legal and factual defenses we can use to help get your charges dismissed, reduced, or prepared to fight at trial.
We’re available twenty four hours a day, seven days a week to meet with you regarding your pending DUI case. Call us today at 404-581-0999.
Thank you so much.
VIDEO – Horizontal Gaze Nystagmus Test
/in 4th Amendment, Atlanta DUI, Criminal Law, DUI, Georgia, Georgia DUI, Video Blog /by Ryan WalshYou’ve been stopped for DUI and the officer asks you to follow their finger with your eyes? What is this horizontal gaze nystagmus field sobriety test? And can it even be passed? That is the subject of today’s Peach State Lawyer video blog.
Hello, I’m attorney Scott Smith and today I’m standing in our mock trial courtroom. We’re talking about being asked out of your car after only having two drinks. The officer asks you to face him and with your hands by your side, feet shoulder width apart to follow his pen with your eyes. He asks you if you wear glasses or contacts or if you’ve had any recent head injuries. You’re about to perform the horizontal gaze nystagmus field sobriety test. It’s commonly known as the HGN test, or in the DUI world, the “eye” test.
What is this test?
The horizontal gaze nystagmus field sobriety test was originally designed by optometrists to diagnose medical issues within your eyes. The test checks for the involuntary jerking of your eye as your eyes move side to side horizontal to the floor following an object. Researchers determined some substances, particularly ethyl alcohol, and other central nervous system depressants, inhalants, and the drug PCP can cause horizontal gaze nystagmus in your eyes after use.
The horizontal gaze nystagmus field sobriety test, when properly performed looks for six clues of impairment. In Georgia DUI investigations, this test is the first of the standardized field sobriety evaluations.
Before the test can be performed on anyone, the officer is supposed to make sure both of your pupils are of equal size and your eyes move together from side to side. If you are having eye issues, the officer is supposed to discontinue the test immediately.
The clues are established in pairs. There are three tests performed that look for clues of impairment. The first test, called lack of smooth pursuit, is performed by the officer moving his finger back and forth across your field of vision, checking for nystagmus in both eyes as his finger or pen light is moving.
Because your eyes work together, each clue will be present in both eyes. If the officer says they notice a clue in one eye but not the other, the test would not be valid.
The second test is called distinct and sustained nystagmus at maximum deviation. It is where the officer moves his finger to the edge of your field of vision and holds it there for a minimum of four seconds to determine if your eye continues to exhibit sustained jerking when it is fixed on his finger at the edge of your field of vision.
These tests are designed to build upon each other, so you should never see clues present for distinct and sustained nystagmus at maximum deviation unless clues are present for lack of smooth pursuit.
The third and final test is called onset of nystagmus prior to a forty-five degree angle. The test is performed by the officer moving his finger slowly from the center of your field of vision until they reach a forty-five degree angle. When the officer begins to see nystagmus they are supposed to stop their finger and hold it to confirm the sustained jerking of the eye.
That’s it. That’s the entire horizontal gaze nystagmus field sobriety test. There’s nothing you can do to pass it. It’s all about the involuntary jerking of the eye and trusting that the officer in his report has documented his observations accurately.
As you can imagine, there are things that an experienced attorney can look for to determine whether the tests are performed correctly. If the tests are not performed correctly, an experienced DUI attorney can ensure the test should not be admitted into evidence or at trial against you.
Have you been recently arrested for DUI and asked to take this eye test? Do you have questions about the test? We’re available twenty-four hours a day, seven days a week to talk to you. Call us today for a free consultation. Our telephone number is 404-581-0999.
Thank you.
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