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Should I perform Field Sobriety Tests?

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If you have been pulled over for DUI, the police officer may ask you if you would consent to field sobriety evaluations. Field Sobriety Evaluations are a series of tests which are, in theory, designed to aid officers draw accurate conclusions about a suspect’s blood alcohol consumption. Despite that these tests are only around 75% accurate when administered correctly, they are still thought of as legitimate tests of a person’s intoxication level by most judges and jurors. For this reason, allegedly “poor” performance on field sobriety tests can sway jurors to convict someone for DUI, even if they are not.

So is it in your best interests to perform field sobriety tests? This is a complicated question which will vary depending on the circumstances, but generally, it is better to refuse to participate in the field sobriety evaluations, as it provides the officer with less potentially incriminating evidence. It is important to bear in mind, however, that refusal to submit to field sobriety evaluations is admissible in trial as circumstantial evidence of intoxication. Taken together with other evidence of possible intoxication (slurred speech, bloodshot eyes, admission of drinking, etc.) may support an inference that the suspect was an impaired driver.

That being said, it is easier to make an argument that the officer got it wrong when they arrested you for DUI if the only evidence they have is the smell of alcohol on your breath and bloodshot eyes than if they have evidence of poor performance on field tests. Additionally, even if you refuse field sobriety tests, the officer still has the authority to arrest you. Georgia case law has held that an officer’s observation of bloodshot, watery eyes and odor of alcohol is sufficient to support an arrest for suspected DUI. If you are pulled over for DUI, even if you refuse field sobriety tests, do not be surprised if you are arrested anyway. Instead, stay calm, make no incriminating statements, and as soon as you are able, call an experienced DUI defense lawyer.

We offer free consultations to anyone who has been charged with driving under the influence. Call us today at 404-581-0999. Written by Attorney Katherine Edmonds.

What to expect during a DUI stop in Covington, GA

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By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Covington, 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 Covington, GA, your case will be sent to Covington Municipal Court. In 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 Superior Court of Newton County.

If you have been arrested for DUI in Covington, GA and would like a free consultation, call us at (404) 581-0999.

 

What to expect during a DUI stop in Kennesaw, GA

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By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Kennesaw, 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 Kennesaw, GA for DUI, your case will be sent to Kennesaw Municipal Court. In the Kennesaw 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 Cobb County.

If you have been arrested for DUI in Kennesaw, GA and would like a free consultation, call us at (404) 581-0999.

What to expect during a DUI stop in Sandy Springs, GA

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By: Attorney Alex Henson

If you are suspected of driving under the influence of alcohol in Sandy Springs, 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 Sandy Springs, GA for DUI, your case will be sent to Sandy Springs Municipal Court. In the Sandy Springs 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 Fulton County.

If you have been arrested for DUI in Sandy Springs, GA and would like a free consultation, call us at (404) 581-0999.

DUI Refusal Reaches the Supreme Court

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SUPREME COURT UPDATE:  Can they charge me with a crime for refusing the breath test?

On April 20, 2016, the Supreme Court heard argument on Birchfield v. North Dakota.  The case addressed the question of whether a State can criminalize the refusal to submit to a chemical test of blood, breath, or urine without a warrant.   In both Minnesota and North Dakota, it is a separate crime to refuse to take the State chemical test.   Prosecutors for both the State of Minnesota and the State of North Dakota argued that an officer’s request for a breath sample without a warrant protects against evidence spoiling (BAC dropping over a period of time).  Interestingly, the Supreme Court Justice’s peppered both lawyers with factual scenarios about the reality that, with today’s technological capabilities, it is fairly easy for a police officer to contact a magistrate judge to obtain a warrant.   Interestingly, the Justices did not focus all of their tough questions towards the State.  It appears that the Justices had significant feelings about the minimally invasive nature of a breath test in comparison with a blood test.  There also seemed to be some confusion about the use of a roadside portable breath test versus a State administered breath test at the jail.

Georgia currently does not have a criminal penalty for refusing to take the State administered breath test.  Instead, Georgia law allows officers to request a civil penalty (loss of your license for 12 months) for refusing to take the State administered blood/breath/urine test.   However, the decision of the Supreme Court will almost certainly impact Georgia DUI cases going forward.   If the court were to side with the defendants in this case, we certainly can expect the opinion to express strong 4th amendment language that could impact other types of DUI cases.   On the other hand, if the court were to side with the State of Minnesota and North Dakota, we can expect other States, Georgia included, to introduce legislation that would criminalize the refusal of a State administered test.

Our lawyers will be watching closely when the Supreme Court releases their opinion this fall.  For more information about the case, check out the oral arguments at:

http://www.supremecourt.gov/oral_arguments/audio/2015/14-1468   and

http://www.scotusblog.com/2016/04/argument-analysis-criminal-penalties-for-refusal-to-take-a-breathalyzer-test-in-jeopardy/

We will certainly provide an update when the Supreme Court releases their final ruling.