Legal Question in DUI Law in Georgia

DUI Defense

On August 2, 2002 I was involved in a two car collision at ~ 5am. Approximately 30 mins after the arrival of the Police I was asked if i had been drinking and I said I had. I was asked to submitt to a breathalyzer and refused. Subsequently a roadside sobriety test was administered and the officer palced me under arrest. It was my opinion that i passed the test however I was placed under arrest anyway for DUI. Once booked I was asked to submit again and again refused without legal counsel. I was not allowed a phone call or do I recall being asked to submit a blood test or asked to waive that right or knew of my right to do so. So my question is, What are the statistics of an accurate road side sobriety test and there validity in a court of law?


Asked on 8/15/02, 11:26 pm

3 Answers from Attorneys

William Head Head, Thomas, Webb & Willis, LLC

Re: DUI Defense

Field sobriety tests are not that accurate. We do not do them when we get a drivers license. If you did not take a test at the station, your license may be suspended before your court date. Please call our office at 404-250-1113 to discuss this. For more information, see our site at georgiaduilawyers.com

Regards,

Larry Kohn, Attorney at Law

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Answered on 8/16/02, 10:53 am
Dan Conaway Conaway&Strickler, P.C.

Re: DUI Defense

Hello,

We will be more than happy to represent you! Only one aspect of the road side test - the alco sensor - is admissable in court and that is whether the results are positive or negative. Also, if you are referring to field sobriety tests, there are many ways to deflect the validity of these tests. Also, you needed to have been read your Implied Consent rights. You potentially have many legal issues we need to address. Please contact me at your earliest convenience so that we can discuss your case in more detail.

I look forward to hearing from you.

Sincerely,

Meg Strickler

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Answered on 8/16/02, 11:36 am
Elmer Young ELmer Young

Re: DUI Defense

You will find a more expanded answer to to the problem at augustadui.com, but to answer the question: Standardized Field Sobriety Test consists of a battery of 3 exercises, Walk and Turn, One-legged stand and HGN (eye test) Each has it's own statistical accurracy numbers ranging from 69 to 82 accurate if properly performed. As a certified INSTRUCTOR in SFST's I can tell you that in my experience, not 5 percent of the officers conduct them properly. They are generally admissable, but not at all conclusive of sobriety.The fact of the refusal may very well be to your interest in this case, although it has some negatives to go along with it too. I suggest you pick up a evaluation form and complete it so I can more accurately determine your chances of success in this case. There is never a charge for this evaluation. Regardless of your decision, I wish you the best of luck! EHY

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Answered on 8/16/02, 6:50 am


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