DUI In Georgia

Reader’s Question:

We got pulled over when we were driving home one night from a friend’s house in Georgia. We almost hit a post. My boyfriend was driving and he was charged with DUI. I’m just curious and to tell you honestly, I find it funny when the officer made him follow a penlight from the left to the right with his eyes? What did the officer do?

Mark

Macon, GA

Most police officers in Georgia perform this type of test. The term for this Field Sobriety Test (FST) is horizontal gaze nystagmus test. The medical term to describe a particular eye oscillation is nystagmus. Hypothetically, the steadiness of the eyes following the pen, and the degree at which the eyes begin to jerk indicate the level of alcohol in the blood of the driver. When the arresting officer performs this kind of test, he/she is attempting to judge if the angle is under 45 degrees to the side that the driver’s eyes begin to jerk. This typically means a blood alcohol level is over .05% if the angle is under 45 degrees.

The horizontal gaze nystagmus test is not permitted in many states. That is because the medical community does not regard it as credible. In addition, the majority of police officers that perform this test are not medically trained in the area. This means that their ability to properly judge the angle, and identify nystagmus is not reliable. Aside from the many apparent flaws, unfortunately, this FST is accepted in the state of Georgia.

Reader’s Question:

Do I need to get DUI lawyer in the state of Georgia for my DUI arrest?

Harold

Thank you for asking Harold.

It is important to get a lawyer for DUI defense in the state of Georgia. This is because that DUI lawyers represent the constitution and force law enforcement to follow the rules and regulations that they are required to follow. Most citizens don’t know what the rules and laws are, much less how to navigate them, so it is important to have someone experienced with these matters on your team.

What most individuals don’t understand is that these DUI lawyers protect all of our rights by defending those accused of a drunk driving or DUI related offense. If it weren’t for these same DUI lawyers properly defending their clients, our law enforcement and judicial system would not take the time to ensure that all of our rights as citizens were being granted.

The fact that the officer knows there are a slew of aggressive DUI attorneys anxious to methodically poke holes in his arrest forces him to provide the accused with all of his/her rights and ensure that the person is treated fairly according to law.

Goodluck!

MariCAR