Healan Law Offices, P.C.

Got A DUI? Facing Criminal Charges? Call Me at 678-661-3318 Today.

Healan Law Offices, P.C.
678-661-3318

Your Legal Shield In DUI And Criminal Defense

Reclaim Your Life With Help From A Trusted North Georgia DUI Defense Attorney

Law enforcement often uses field sobriety tests to assess a driver’s potential impairment. These are all designed to evaluate a person’s coordination, balance and cognitive function. However, while they are presented as reliable indicators of intoxication, these tests can be misleading and are often subjective. That is why it is crucial to understand your rights in these situations and the potential impact of your choices.

I, William Healan III, bring over 25 years of experience in DUI defense to every case I handle at Healan Law Offices, P.C. I have dedicated my career to understanding the intricacies of field sobriety tests in North Georgia so that I can effectively help my clients in Winder and Barrow County. As your lawyer, I stand ready to look closely at your situation and work hard to safeguard your rights and interests.

Is A Field Sobriety Test Required In Georgia?

The short answer is no. Unlike chemical tests, such as breathalyzer and urinalysis, you have the right to decline field sobriety tests without automatic license suspension. However, your refusal could still contribute to an officer’s decision to arrest you. This may occur if you have had a previous DUI conviction, are under 21 or behave in a way that raises suspicion.

If you participated in these tests, do not hesitate to contact my office. As a seasoned defense attorney, I can help you understand your rights and the consequences of your actions during a traffic stop.

What Are The Three Standardized Field Sobriety Tests?

Many people struggle with DUI field tests even when they are completely sober. These assessments are inherently challenging, making it easy for anyone to stumble or make mistakes. In Georgia, law enforcement uses three standardized physical coordination tests. Here is a closer look at each one:

  • Horizontal gaze nystagmus (HGN) test: This involves following an object with your eyes. The officer looks for involuntary eyeball jerking, which may indicate that you are under the influence of drugs or alcohol. However, many other factors can cause nystagmus, including certain medical conditions or medications.
  • Walk-and-turn test: To check your balance and ability to follow instructions, the officer will ask you to walk heel-to-toe in a straight line, turn and walk back. Various factors can affect a driver’s performance during this test. These include uneven surfaces, inappropriate footwear and physical conditions.
  • One-leg stand test: For this assessment, law enforcement will ask you to stand on one leg for 30 seconds to evaluate your balance and coordination. Many factors unrelated to alcohol can make this test difficult, including age, weight or physical injuries.

Officers use these tests to determine probable cause for a DUI arrest, but they are far from foolproof. As your DUI lawyer, my role is to contest field sobriety test results by highlighting the many factors that can lead to false positives. If you are facing a DUI charge based on these assessments, it is crucial to hire skilled legal representation to challenge their validity.

Should You Refuse A Breathalyzer Test In Georgia?

When it comes to sobriety tests, breathalyzers present a different scenario than roadside sobriety evaluations. While you can refuse field tests without immediate penalties, declining a breathalyzer has more serious consequences.

Under Georgia law, driving is a privilege that comes with implied consent to chemical testing if you are suspected of driving while intoxicated. Refusing a breathalyzer can result in an automatic one-year suspension of your license, even if you ultimately do not receive a DUI conviction. When building a defense for a DUI charge, I consider all aspects of your case, including whether you took or refused a breathalyzer. Each situation is unique, and the best course of action depends on individual circumstances.

Get Help From A Trusted Field Sobriety Test Attorney In Winder

You need a lawyer with experience defending drivers charged with a DUI/DWI at a field sobriety test. Call my office today at 678-661-3318 or fill out an online form to schedule an appointment. Your rights matter, and I am here to defend them.