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Dekalb County DUI Lawyer

William C. Head
William C. Head
Tom Thomas
Tom Thomas
Lee Webb
Lee Webb
Gregory Willis
Gregory Willis

Lawrence Kohn
Lawrence Kohn

In an effort to help police officers determine whether a person may be operating a vehicle under the influence of alcohol, the National Highway Traffic Safety Administration has developed and standardized three tests. These field sobriety tests--the Walk and Turn, One Leg Stand and Horizontal Gaze Nystagmus-- are designed to assist police during a DUI investigation and make the call if a person appears to be over the state’s legal limit.

If you have recently been arrested for DUI in Dekalb County and were given a field sobriety test, it is important to contact an experienced DUI attorney. Even though the officer may have told you that you “failed” the Walk and Turn, One Leg Stand or Horizontal Gaze Nystagmus, your attorney will tell you that there are many flaws associated with these tests.

In fact, the attorneys of HTW&W have all taken the same NHTSA field sobriety test certification courses as Dekalb County police officers. By truly understanding how to administer the tests, the attorneys of HTW&W can determine whether or not you really failed.

For example, if you were given the One Leg Stand or the Walk and Turn and you are more than 50 pounds overweight, have a physical disability or are over the age of 65, you may have difficulty performing these physical tests and should not be allowed to take them. These field sobriety tests also should have been performed a dry, flat and even surface to ensure your safety. The officer must also give you instructions and show you how to perform the tests.

If you were given the Horizontal Gaze Nystagmus, the officer would have been looking for an involuntary jerking of your eyes--a condition that is often caused by the consumption of alcohol. However, certain neurological and physical conditions can cause a natural nystagmus and the officer will not be able to distinguish the difference. During the HGN, the officer will ask you to follow a stimulus with your eyes. Typically, the stimulus is a lighted pen and the officer will ask you to keep your head still during the test.

Whether you failed the One Leg Stand, Walk and Turn or HGN, it is in your best interest to contact the attorneys of HTW&W. They will fight for your rights.

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