Dekalb County DUI Lawyers

During a DUI investigation, a Dekalb County police officer will ask a driver to take a breathalyzer test to see if their blood alcohol content is at or above the state’s legal limit of .08%. In addition to the breath test, the police officer will also ask a driver to take one or two field sobriety tests: The Walk and Turn, the One Leg Stand and the Horizontal Gaze Nystagmus. These field sobriety tests were developed by the National Highway Traffic Safety Administration to help police officers determine whether or not a driver is intoxicated.

As you probably have guessed, the field sobriety tests are in no way scientific proof that a driver is intoxicated. They also cannot determine a person’s blood alcohol content. In an effort to fully understand the flaws associated with these field sobriety tests, some Dekalb County DUI lawyers have also undergone field sobriety test training. This also helps them understand two very important details surrounding your DUI investigation: if it was administered properly and if you even “failed” the tests.

For example, if you were wearing four-inch-high heels on a dark, rainy night, this will severely hinder your chances of successfully passing the One Leg Stand or the Walk and Turn tests. Both of these tests not only test your ability to follow instructions, but also your physical capabilities. This situation would be a challenge even for a sober person. Other circumstances that may have caused you to “fail” a field sobriety test include: having a physical disability, being over 50 pounds overweight or being asked to conduct the tests on an uneven, slippery surface.

As for the Horizontal Gaze Nystagmus, there are flaws with this field sobriety test, too. The police officer will ask you to follow a lighted pen with your eyes while keeping your head still. The officer will look for a jerking of the eyes, which is often a sign of alcohol consumption. However, there are medical conditions that cause a natural nystagmus.

So before you think that you should just give up, contact HTW&W. They are experienced in Dekalb County DUI defense and can represent you.

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