DUIs have humbled men and women from all walks of life, from all generations, and from each end of the political spectrum. DUI laws do not favor the rich or poor, and an arrest can strike at any time. If you have been arrested for driving while under the influence, a criminal defense attorney may be able to help.
Our firm has seen DUIs given at obvious times like midnight on Saturday right outside of a local bar. Our dedicated Newnan DUI lawyers have also seen them given in local parking lots on a Monday morning. Do not fight alone. Let a member of our team assist you and protect your rights.
Every case is different and we can’t give you certain legal advice in a hypothetical situation. However, there are typically two different types of testing that police might request during a DUI stop. One is the field sobriety test. The others are chemical tests.
The field sobriety tests are designed to be divided attention tests. The theory is that a test that requires you to divide your attention is the best option for deciding whether you can safely operate a vehicle that requires you to focus on various things at once. There are quite a few field sobriety tests, but all of them are designed to fail you.
In the Horizontal Gaze Nystagmus test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. HGN is a movement of the eye that occurs as the eyes move from side to side. Normally, nystagmus occurs when the eyes are rotated at high peripheral angles. Supposedly, someone who is under the influence will have a more difficult time following the pen or flashlight without involuntary movement of the eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct and sustained nystagmus when the eye is at maximum deviation, or if the angle of onset of jerking is prior to 45 degrees of center.
In a walk and turn test, the driver is given instruction. Second, they must perform according to the instructions that they were given. The driver will be instructed to take a certain number of steps heel-to-toe and be given specific instructions on how to spin around. They are then asked to take a certain number of steps back, heel-to-toe.
If the driver takes 10 steps instead of nine, they will have failed the test. Don’t forget that these tests will occur on the side of the road with blue lights flashing and the pressure of a looming DUI arrest. However, if you are arrested with a DUI charge, you still have options to fight with a dedicated attorney in Newnan.
Georgia has what is called implied consent. The theory of this law is that by driving on the roads in the state, you have implicitly consented to chemical testing to determine whether or not you are under the influence of drugs or alcohol. This is one of the most intensely litigated areas of the law in the state, and it is constantly changing and updating.
During the test, the cop will ask if you consent to either a) a blood test or 2) a breath test. You do not have to participate in either one of these tests. If you refuse these tests, however, you will be facing a license suspension of one year in an administrative proceeding that is separate and distinct from the criminal case. You can appeal this suspension but you only have 30 days. If you were arrested for a DUI, getting in touch with a lawyer in Newnan as soon as possible is crucial to fight to save your license.
If you have been arrested for a DUI, reach out to schedule a free consultation. A Newnan DUI lawyer can help you with your case, protect your rights and interests, and work to defend you from the prosecution.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC