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Cop fails DUI field sobriety tests while on Duty

Saturday, March 08, 2014

Aiken Standard walks you through a DUI arrest

Tuesday, January 07, 2014

steps in a DUI arrestIn an article posted on January 6, 2014, the Aiken Standard published an article on the steps a person goes through in a DUI arrest.  Although based on a DUI arrest in South Carolina, it is basically the same progress that occurs in a Georgia DUI Arrest. First, the police must have an articulable suspicion of a criminal or traffic violation to make a traffic stop.  Second, the Police Officer makes personal contact and looks for an odor of alcohol, slurred speech, red and glassy eyes and flumbing fingers. Third, the Officer performs standardized field sobriety evaluations like the Horizontal Gaze Nystagmus Test, the nine step walk and turn and the one leg stand. NHTSA validation studies have indicated a statistical correlation between clues on these tests and blood alcohol levels if performed exactly as trained. Finally, the Officer must inform the suspected DUI driver of his or her implied consent to chemical testing for drugs and alcohol to obtain an alcohol breath test, blood test or urine test.  Next, the Officer must follow the prescribed testing protocol to make sure that testing is accurate. Finally, the suspect is jailed, must bond out and go to court. DUI arrest are very difficult and stressful.  Having a qualified lawyer to guide you through the process and protect your legal rights is essential.  more

NACDL's Champion Magazine exposes the fraudulent science behind standardized field sobriety tests

Wednesday, March 27, 2013

If You're Being Investigated for DUI, Stay Calm and Stay Cool - The Police are on the Hook Too!

Thursday, January 03, 2013

Any arrest is nerve-wracking, but when it comes to DUI the situation can be especially murky. When stopped at a roadblock or pulled over for a traffic stop and prompted into a DUI investigation, a person is faced with a multitude of options: Should I take a field sobriety test? Which ones? Can I refuse?; Should I take the breath test or refuse? What happens if I don't?; Should I obey the police? Do I need to? Should I trust them?  more

New iPhone App. Used to Capture Horizontal Gaze Nystagmus May Expose Errors in the Seminal Field Sobriety Test

Monday, October 15, 2012

Two iPhones lying face-upA new iPhone app called Breathaleyes uses the iPhone camera to capture Horizontal Gaze Nystagmus, the common field sobriety test that looks for eye movements caused by alcohol. To measure its accuracy, officers from the Huntsville Police Department put the app to the test. Three volunteers drank three beers in an hour. Thirty minutes later two volunteers blew a between .05 and .08 BAC and one volunteer blew a .10. Compared to the relative blood alcohol content determined by the Breathaleyes HGN test, each volunteer had a BAC over .08 with two almost double the legal limit. more

How Much Probable Cause is "Enough" for an Initial Stop? A DUI Arrest? A Blood Warrant? According to Police, it Varies

Tuesday, October 02, 2012

A state trooper conducts the HGN field sobriety test on a volunteerIn the second paragraph of this article in the Atlanta Journal Constitution about DUI refusals prompting warrants for blood, there is a telling quote from a Douglas Chief Deputy: “If we have someone refuse, and if we have enough probable cause, we contact a State Court judge and request a search warrant for that person's blood.” How much probable cause is enough? The quote implies a distinction between the probable cause needed to make an arrest and the amount needed to get a State Court judge to sign off on a warrant for blood. In theory they should be one and the same, but in practice they are not. This distinction creates yet another parameter for Georgia citizens to consider when pulled over and suspected of a DUI.  more

False Arrest Lawsuit Reinstated in Sixth Circuit Federal Court of Appeals Over Woman Arrested for DUI Who Later Tested Negative

Thursday, June 14, 2012

A Federal Court of Appeals reinstated a dismissed False Arrest civil damages lawsuit against an Ohio State Trooper who arrested a woman for DUI after field sobriety tests. The Federal Appeals Court concluded that you simply cannot arrest anyone based on a few missteps on field sobriety tests. Now it is up to a jury to decide if the woman should receive money and how much for the two days she spent in jail after she failed field sobriety tests, but tested negative for drugs or alcohol via a urine sample. DUI Officers should make sure their insurance is updated. Read the Article.  more

Florida Woman Blames Big Breast for Failure of DUI Field Sobriety Tests

Tuesday, February 07, 2012

A Florida woman who was pulled over for DUI blamed her large breasts for her poor performance on DUI field sobriety tests. NHTSA confirm that being 50 pounds over weight can negatively affect DUI field sobriety tests. Read the story. more

After False Arrest, Oregon County Commissioner on Crusade to Change DUI Field Sobriety Tests for Seniors

Friday, January 06, 2012

After a False Arrest for DUI of Oregon County Commissioner, he seeks to change field tests for drivers over 65 years of age as the standardized DUI Field test are unfair. On the way home from a workout at the gym, the County Commissioner was pulled over by police for weaving and not using his blinker. But before the Commissioner knew what was happening he was walking a line and standing on one leg. His crime was being a senior citizen. He couldn't walk a line and couldn't stand on one leg to the Officer's satisfaction so he went to jail. He blew a .00 which was later confirmed by a blood test resulting with a 0.00 BAC and no drugs in his system. The Commissioner thinks that these tests discriminate against older Americans whose can't walk a balance beam like Mary Lou Retton or do the stork kick like the Karate Kid. The problem with NHTSA DUI Field Sobriety Evaluations is they discriminate against anyone with poor physical coordination. You can end up going to jail for being clumsy. Does that mean your unsafe to drive and should be taken off the road. The discussion is going on right now in the Williamette Valley in Oregon. Read the Story.  more

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No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2010 George C. Creal, Jr. P.C.
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