One-Legged Stand
Though the One-Legged Stand is one of the three Field Sobriety Tests (FSTs) approved in the State of Georgia, it’s results are subjective, and there are many reasons why one might not be able to perform this test to an officer’s satisfaction that have NO RELATION to whether or not that driver was impaired or under the influence of alcohol.
The One-Legged Stand field sobriety test is, like the Walk and Turn, not scientific. It is an opportunity for the officer to observe not only your physical dexterity, but your ability to pay attention to and follow directions. The results are subjective, and, like any and all Field Sobriety Tests (FSTs), you DO NOT have to participate.
Procedure:
The officer will ask you to stand in one place and hold one foot six (6) inches above the ground. While you are holding this foot off the ground, the officer will ask you to count out loud, “in thousands,” until you are told to stop. The officer will tell you that you must keep your eyes on your feet, your arms at your side, and your toes straight while you perform this test.
Clues:
When administering this test, the officer is looking for four (4) clues. He or she is looking to see if you use your arms to stay balanced, if you sway or hop while trying to balance, and if you put your foot down before the officer tells you the test is over. In Georgia, meeting at least two (2) of these criteria can justify an arrest for Driving Under the Influence.
Remember: The officer likely already suspects you of Driving Under the Influence (DUI), and is just looking for more evidence to stack against you. The officer’s initial suspicions may very well affect his or her opinions on whether you performed this test adequately.
Remember, too, that this test is never performed in a vacuum. It must be performed under optimal conditions (the best being a hard, dry, level, unobstructed surface), and essentially expects people of all ages, physical and pre-existing conditions, to perform and be subject to the officer’s unchanging set of standards.
It may be unreasonable to expect a 65-year old man with arthritis to perform as well as a 22-year old ballerina, and the results can be surprising, but nonetheless, the criteria remain the same. As such, the officer’s conclusions are always subject to attack and interpretation by a skilled defense attorney.
Read MorePBT – Preliminary Breath Test
If you are in an accident or stopped for a traffic violation and suspected of driving under the influence (DUI), an officer will likely ask you to submit to a number of Field Sobriety Tests (FSTs), including the PBT, a Preliminary Breath Test. The PBT is one of the three (3) Field Sobriety Tests approved in the State of Georgia (which also include the HGN – Horizontal Gaze Nystagmus – and the One-Legged Stand).
Like all Field Sobriety Tests (FSTs), this test is voluntary, and you do not have to submit to it. Additionally, even if you do and the results indicate a presence of alcohol on your breath, there are many alternative explanations for these results that can create a reasonable doubt that the driver was actually under the influence of alcohol.
Many people think that the PBT is same as the “Breathalyzer,” and while it is similar in idea and form, it is much different. While the Breathalyzer may be administered roadside, it is most often administered after arrest at the police station. The PBT, however, is administered roadside, and is used to determine whether or not there is a presence of alcohol in a driver’s breath.
The PBT is often called an alco-sensor, and is used to determine probable cause for arrest for DUI. The Breathalyzer, however, is used to determine one’s Blood Alcohol Content (BAC). Though the PBT indicates an estimated BAC, this value is not admissible in court. The PBT is only admissible to show the presence, or non-presence, of alcohol in one’s breath.
REMEMBER: The PBT is notoriously unreliable, as many factors can cause it to incorrectly indicate positively for alcohol — including acid reflux, and certain tobacco, mouthwash, or mints. Mere indication of the presence of alcohol on one’s breath, without more, is insufficient to establish that one was driving under the influence (DUI) beyond a reasonable doubt.
Read MoreGeorgia DUI – Commercial Driver
If you possess a Commercial Driver’s License (CDL) and drive a commercial vehicle in the State of Georgia, and are convicted of driving Under the Influence (DUI), you are subject to disqualification under the Uniform Commercial Driver’s License Act.
To be convicted of Driving Under the Influence while driving a commercial vehicle, the State must prove that you were driving or in actual physical control of a moving commercial motor vehicle, with a blood alcohol concentration of 0.04% or more.
If you submit to blood, breath, or urine testing and your BAC is found to be 0.04% or more, in addition to the criminal penalties you face if convicted, you are also subject to an administrative suspension of your driver’s privileges (which usually occurs before your criminal case is concluded). You have 10 business days to file a response to any petition filed against you requesting that your license be administratively suspended, and Horlick Law Firm will gladly do this for you.
If you do not request a hearing on this matter within 10 days, your license will be automatically suspended, even if you ultimately take your case to trial and win.
If you refuse to take any tests to indicate your BAC, and do not request an administrative hearing within 10 days, or lose your administrative hearing, your license will be suspended for one (1) year, and you will not be eligible for any temporary or hardship driving permits.
For this reason and many more, it is imperative that you have a lawyer throughout this process.
Contact Horlick Law Firm immediately to help navigate this stressful and tricky process. We are here to fight for you and help you save your job, your license, and your livelihood.
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