When you are pulled over in Georgia and suspected of driving under the influence, there are three “standardized field sobriety tests” approved by the National Highway Traffic Safety Administration that law enforcement officers can conduct. These tests are the Horizontal Gaze Nystagmus (HGN), the walk-and-turn test, and the one-leg stand test.
Horizontal Gaze Nystagmus
HGN refers to the involuntary jerking of the eye, and it typically becomes 
more obvious when a person is under the influence of alcohol. Of the three tests, the HGN is considered the most scientific with an accuracy rate of 77%-88% and can therefore be the most damaging if used in court.
The officer will ask you to follow a small object, typically a pen or finger, with your eyes while keeping your head still, as they watch for nystagmus (jerking of the eyes). The officer will be looking for three clues in both of your eyes, six clues total, and if they believe that four of the six were displayed you can be arrested.
The major flaw with the HGN test is that there are more than 100 different physical and medical problems that can cause HGN which are not associated with alcohol.
Walk and Turn Test
The walk and turn test measures your ability to follow instructions while performing a fairly simple physical task. The reasoning behind this test is that 
a sober person would find the task easy to perform, but it would be difficult for a person who is under the influence to complete.
For example, the officer will ask you to take nine heel-to-toe steps forward, turn, and repeat nine heel-to-toe steps back while counting out loud the number of steps you take. The officer is watching for multiple signs that you are under the influence, such as missing steps, taking an incorrect number of steps, counting incorrectly, not being able to maintain balance, etc. If you make two mistakes, you can be arrested. If you use your arms for balance or cannot complete the task, then the officer will count it as a failure.
A flaw with the walk and turn test is that physical problems, such as weight, physical problems, and fatigue, could be hindering your performance.
One Leg Stand Test
The one leg stand tests measures your ability to pay attention and follow directions as well as your physical ability.
The officer will ask you to stand with one foot six inches above the ground 
while you count out loud in thousands (one-one thousand, two one-thousand, and so on) while looking down at your foot with your arms by your side. After 30 seconds the officer will let you put your foot back down.
The officer will be watching for four signs: if you put your foot down before the test is over; if you hop; if you sway; or if you use your arms to maintain balance. If you do two of these signs, you can be arrested.
The flaw in the one leg stand test is that it may be difficult for many people to maintain this balance even while sober. Age, physical abilities, and weather conditions can all affect this test as well.
Filed under Field sobriety testing by on Feb 17th, 2010. 1 Comment. 
Hello everyone and happy 2010. As you may have already heard, the state of Georgia implemented the new “Super Speeder Law” at the start of this new year. Under the law, titled HB160, speeding drivers are considered “high-risk” and are targeted in an effort to reduce the number of speed-related deaths in the state.
In Georgia, there is one speed-related death every day on average, and over 20% of all the motor vehicle fatalities last year were due to speeding drivers. With every ten miles per hour that a driver travels above 50 mph, crash forces double on impact. It has even been said that speed can be much more dangerous than DUI-related accidents on roadways.
The new Super Speeder Law, which took effect January 1, 2010, fines an
additional $200 state fee to any driver convicted of traveling over 75 mph on a two-lane road, or traveling over 85 mph anywhere in the state. Failure to pay the fee will result in a license suspension and an additional $50 fee. These fees are tacked on to bulky fines already imposed by local jurisdictions for speeding violations.
Not only is the law intended to lower the amount of speeders and speed-related accidents, but fees collected under the law will go strait to Georgia’s trauma care hospital system, where over half of the patients are typically victims of motor vehicle accidents.
I encourage Georgia drivers to learn more about the new law and other safety regulations by visiting the official Georgia Super Speeder Law website which can be accessed by clicking on the link.
Filed under Speeding Violations by on Jan 15th, 2010. Comment.
Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a "average" sized male and because there is some scientifice evidence that women metabolize alcohol differently than men. Scientific studies in both Italy and in Cananda suggest that there are additional differences between alcohol metabolism that raise even more questions about the validity of the tests and the testing equipment used by police.
One of the more interesting findings of the Canadian study suggests that birth control pills produce an enzyme that most Breathalyzer test machines will interpret as blood alcohol content. You can read more about this study in an article entitled "Do DUI Laws Discriminate Against Women?" If you use oral contraceptives, make sure to tell me so we can discuss whether this factor might be an element in your defense.
Filed under Intoxilyzer 5000 issues, Trial issues by on Aug 18th, 2006. 7 Comments.
Hello, my 19 year old son was stopped last weekend in Fulton County and taken to jail. He has been charged with DUI, reckless driving, speeding and several other charges. I am scared to death that this mistake will follow him the rest of his life. Will this affect his college admission? job possibilities? What is the possible punishment?
Georgia DUI Blog asked Marietta DUI attorney Guy Sharpe to respond to this question. Guy’s response: The maximum punishment for DUI, which is a misdemeanor, is one year in jail and a $1,000.00 fine. Usually plea negotiations result in the lesser included offenses being merged into the DUI, such as reckless driving, speeding and others. The DUI record will always be there, so it could affect your son’s ability to obtain certain kinds of employment and may affect his ability to get scholarships to go to school.
Filed under Georgia Courts by on May 11th, 2006. 1 Comment.
