DUI Sobriety Tests

Savannah DUI Sobriety Test Attorneys

Providing Skilled Legal Representation to Help Clients Challenge DUI Charges

Field sobriety and other chemical tests are used to determine if an individual has consumed alcohol or drugs before driving, and intoxication levels. Driving under the influence (DUI) is a criminal charge; DUI laws require police and law enforcement officers to follow strict rules and procedures. Law enforcement officers must follow proper protocol when conducting field sobriety tests, breathalyzer tests, blood tests, or urine tests, or any evidence collected may be invalid.

Unfortunately, DUI tests are often marred by inaccuracies or administered incorrectly. At Scheer, Montgomery & Call, P.C., we have in-depth knowledge of all field and chemical testing procedures. Attorney Donald Montgomery, a former prosecutor and police officer, now provides instruction to law enforcement officers on the proper methods and procedures for field sobriety testing.

Contact our Savannah law firm today to schedule a free consultation, allowing us to thoroughly evaluate your legal needs.

What are the Standard Field Sobriety Tests Used By Law Enforcement Officers?

Law enforcement agencies use field sobriety tests (FSTs) to quickly gather evidence to assess probable cause for a possible DUI arrest. FSTs are considered a quick way for officers to gauge an individual’s reactions and determine if they are driving under the influence.

There are three standard field sobriety tests most police officers will ask someone suspected of drinking and driving to complete:

  • Horizontal Gaze Nystagmus Test (HGN): This test involves a DUI suspect watching an object move side to side while the officer observes them. The officer is looking for nystagmus, which is an involuntary or jerky movement
  • One-leg Stand Test: During this test, the driver is instructed to stand on one foot, raise the other foot approximately 6 inches off the ground, and hold that position for a specified duration while counting. The officer will observe the suspect to see if they sway, use arms for balance, or put their foot down
  • Walk-and-turn Test: The driver is asked to walk a specified number of steps, typically nine, heel-to-toe along a straight line, turn, and then walk back, counting nine steps in the opposite direction. During the test, the officer is looking for the inability to balance, keep track of their steps, and not touch heel to toe

In some cases, police officers may use the Romberg Test, which involves an individual standing with their feet together, head tilted back, and arms out to the side, while closing their eyes and estimating the time for 30 seconds.

It is worth noting that although officers are looking for signs of physical impairment, they are also watching to determine if a suspect is capable of following directions, which can also be indicative of DUI.

Why are Field Sobriety Tests Often Inaccurate?

Although Georgia law enforcement agencies use field sobriety tests in suspected DUI cases, the results are often inaccurate. Some of the most common reasons why FSTs can be challenged in court include:

  • Opinion-based Assessment: FSTs are based on the arresting officer’s interpretation and opinion of the subject’s performance, which can be affected by medical and external factors
  • Physical and Medical Conditions: Many individuals have physical conditions or disabilities that can impair their ability to perform tests. Others suffer from medical conditions such as inner ear problems or vertigo, which can affect their balance and coordination
  • Anxiety or Nervousness: Many people who are pulled over by the police become anxious or nervous, which can negatively impact how they perform on FSTs, even if they are not under the influence
  • Fatigue: Often, the police will mistake fatigue for signs of impairment. Extremely fatigued individuals generally have slower response times and reflexes
  • Environmental Factors: FSTs can be skewed if they are conducted on wet, slippery, or uneven surfaces. Other external factors that can affect tests include poor lighting or weather conditions
  • Lack of Training: Unfortunately, many officers are not adequately trained on how to administer FSTs, which can lead to flawed testing procedures

How Can a DUI Lawyer Challenge Breath Tests?

Aside from field sobriety tests, the prosecution’s case often rests on the results of breath tests. However, just as with field sobriety tests, the breath tests can also be false indicators of impairment. When you hire a DUI lawyer, one of the first steps they will take is to analyze the state’s case thoroughly and determine the accuracy of any breath tests that were conducted.

Equipment Issues

Breathalyzers are sensitive testing devices that require regular calibration and maintenance to ensure they produce accurate test results. If the calibration or maintenance records do not reflect that they have been serviced correctly, your attorney may be able to have the test results thrown out based on unreliability.

Procedural Errors

Some of the most common issues that can lead to inaccurate results are procedural errors. Often, the arresting officer fails to follow proper testing procedures or fails to wait the required period before administering the test. A skilled lawyer can argue that the results cannot be trusted and that the evidence should be excluded.

Medical Conditions

Specific medical conditions, such as diabetes and GERD (acid reflux), can give false readings. For example, some individuals may develop diabetic ketoacidosis. People with diabetes with high levels of ketones often test higher for BAC than others, even if they are not impaired.

Mouth Wash

Mouthwash that contains alcohol can create a false reading on a breathalyzer test. Other substances that can negatively affect BAC readings include gum or recent alcohol consumption.

Can Sobriety Test Results Influence DUI Charges?

Individuals who test over 0.15% on breathalyzer tests may be charged with aggravated DUI. If you are charged with an aggravated DUI, you could be sentenced to 60 days of jail time or up to five years in prison, depending on the circumstances. Additionally, your driving privileges could be suspended for a longer period than if the charges were not enhanced. Additionally, if you refuse to take a breathalyzer or blood test, you face an automatic license suspension request unless you request a driver’s license hearing.

Less Safe DUI

Under Georgia law, a person may be charged with a DUI “Less Safe” even if their BAC was below the legal limit of 0.08%. To be charged with a DUI Less Safe, a police officer must believe that you are under the influence to the point that you cannot safely operate a motor vehicle. However, the state has the burden of proof when prosecuting a DUI Less Safe.

One of the most significant advantages of hiring a DUI lawyer is that they will fight to have your charges reduced regardless of the test results. Scheer, Montgomery & Call, P.C. is a law firm with a proven track record of securing successful outcomes for its clients.

How Can Prior DUI Convictions Affect Defense Strategies?

If you have a prior DUI conviction and registered a BAC of 0.08% or higher, you could face severe potential penalties. Georgia has a 10-year look-back period. A previous DUI conviction and a high BAC could create significant legal issues.

For example, prosecutors are often hesitant to offer plea deals to those who have prior DUI convictions, and a high BAC decreases the chances of having the charges reduced. Instead, prosecutors may seek harsher sentencing and penalties. In some cases, a prior DUI and being over the limit can result in the state pursuing an enhanced charge, bringing it up from a misdemeanor to a felony.

A skilled DUI lawyer can help you explore your legal options and create a defense strategy to fight the charges. In some instances, a defense lawyer can point out how long ago the previous DUI took place and request that you be allowed to participate in diversionary programs. Diversionary programs often include drug and alcohol education classes or community service.

Does Your Law Firm Have a Lengthy Track Record Of Success?

Our Savannah law firm has successfully defended numerous individuals charged with DUI throughout Chatham County and its surrounding areas. Our DUI clients include those who have been subjected to chemical tests and DUI field sobriety tests. If you face DUI charges, it is essential to remember you have rights. Our lawyers will make sure your rights are protected and work to prevent you from being convicted.

Our DUI lawyers take pride in helping clients resolve their legal issues, allowing them to resume their lives.

DUI Defense

Some of the legal services that we provide to clients include:

  • Aggravated DUI
  • CDL DUI
  • DUI Accidents
  • DUI Field Breath & Blood Tests
  • DUI License Suspensions
  • Felony DUI
  • Multiple DUIs
  • Underage DUI

Contact Our Savannah DUI Defense Lawyers Today

Scheer, Montgomery & Call, P.C. is a law firm that is proud to serve the citizens of Chatham County. Our compassionate DUI lawyers recognize this is a challenging time for you as you worry about what the future may hold.

Our DUI sobriety attorneys have comprehensive experience analyzing test results and obtaining favorable outcomes for clients. When you come to us for legal counsel, we will thoroughly assess your case to determine the options that best suit your needs. Unlike other law firms that often tell clients what they want to hear, we provide honest case assessments. If we believe we cannot serve your needs, we will inform you upfront. However, if we agree to take your case, it is winnable, and we can help resolve your legal issues.

To speak with an experienced DUI defense attorney, call Scheer, Montgomery & Call, P.C. at (912) 233-1273 or contact our law firm online.