In the News


Wisconsin Defendant Disproves His Argument in DUI Trial, Get's Convicted

Tuesday, December 04, 2012

A policeman performing a Horizontal Gaze Nystagmus field sobriety test on a volunteerWhen forming an argument concerning field sobriety exams, a good defense lawyer should have the advantage. Regardless of how a defendant performs on the evaluations, there is always a persuasive argument. Because the State presumes field sobriety exams have a level of accuracy, if a defendant performs well, then an attorney can argue that the defendant wasn't impaired. On the other hand, ff the defendant performs poorly, then an attorney argue can argue that the tests are unreliable and don't truly show that someone is impaired. As a practical point, though, when using either argument you want to avoid siding with the prosecution, which is what a Wisconsin defendant recently did in his DUI trial.

When pulled over for suspicion of DUI, the Wisconsin defendant performed poorly on the Horizontal Gaze Nystagmus field sobriety test (eye test). The test checks for jerking eye movements, nystagmus, allegedly caused by alcohol consumption. The defendant argued that the HGN test was inaccurate, because nystagmus can be caused by conditions other than alcohol. He's right. For one, everyone has natural nystagmus. Also, nystagmus can be caused by flashing lights, variations in heat and cold, or wind – many of the normal conditions of a roadside traffic stop. In a controlled environment, though, like a courtroom, the HGN test will be more accurate. To prove his point, in exchange for provided testimony the defendant consented to an HGN test. He aced the test in the courthouse, discredited his credible argument, and was convicted of DUI.





is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Atlanta DUI lawyers with both an AV Preeminent rating from and a 10.0/10.0 Superb rating on He has over 100 "not guilty" verdicts under his belt and has forged indispensable relationships with police, judges and prosecutors all over the State of Georgia in order to benefit his clients' defense.
George Creal Attorney Profile+

The National Trial Lawyers


George C. Creal Jr., P.C., Top Atlanta DUI Law Firm

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 © 2015 George C. Creal, Jr. P.C.
Protected by Copyscape Online Plagiarism Checker
George C. Creal Jr.
on Google+

Atlanta Office: 480 John Wesley Dobbs Ave., NE, Unit 190, Atlanta, GA 30312 Phone: (404) 333-0706