DUI Articles: Field Sobriety Tests
Considering field sobriety tests, by more than a 10 to 1 ratio, the DUI BREATH TEST is the most common test used for DUI and DWI arrests in
the state of Georgia. Although it remains to be the most common, keep in mind that in the state of Georgia, an officer can legally choose ANY or ALL types of tests to administer on site including blood, breath, and/or urine.
Each state controls it's own guidelines with regard to its field sobriety tests. These state by whom and how each sobriety test is to be taken, secured and analyzed for instance. While some states have excellent guidelines, the state of Georgia does not. Legally challenging an accused person can actually be very difficult to mount in many cases.
Often times, DUI blood tests can be much easier to fight in court due to the difficult nature 'chain of custody' proof. A simple 'no admissible blood test' piece of evidence can often times lead to an acquittal.
Why would a blood test be used? When and if it is suspected that drugs are part of the mix, impairing your ability to drive, an officer can demand a blood OR a urine sample (or both).
Even though equipment is sophisticated and impressive today, the equipment used, and the labs they are used in, are naturally run by humans, and humans can make mistakes.
Sometimes, whether it be errors in the operation of the most common testing instruments, loss of the chain of custody documents or witnesses, or simply being unable to convince a jury can work IN your favor, so don't worry about a blood test being administered versus a breathalyzer!
Regardless of the field sobriety test or tests requested, do NOT REFUSE testing, DUI breath test or otherwise. If you do so, your GA drivers license could be suspended for up to 12 months for a 1st offense.
Fill out the short form above to contact Georgia DUI Lawyer Mark Hansford today!
