Driving under the influence (DUI) is a serious offense in Georgia, and a felony DUI charge can have severe consequences. In Georgia, a person can be charged with felony DUI if they have been convicted of multiple DUI offenses, if they have caused serious injury or death while driving under the influence, or if they were driving under the influence with a child under the age of 14 in the car. In such cases, sobriety tests play a crucial role in determining the outcome of the case.
Sobriety tests are a way for law enforcement officers to determine whether a driver is under the influence of drugs or alcohol. In Georgia, there are three types of sobriety tests that officers may use: field sobriety tests, breathalyzer tests, and blood tests.
Field sobriety tests are physical tests that assess a driver’s ability to balance, walk, and follow instructions. These tests are not always accurate and can be affected by factors such as a driver’s age, weight, and physical condition. However, they can be helpful in providing evidence of impairment.
Breathalyzer tests are used to measure a driver’s blood alcohol content (BAC) by analyzing their breath. In Georgia, a driver is considered to be under the influence if their BAC is 0.08% or higher. Breathalyzer tests are considered to be fairly accurate, but they can be affected by factors such as the calibration of the machine and the driver’s breathing pattern.
Blood tests are the most accurate way to determine a driver’s BAC. However, they require a medical professional to administer and can take longer to process than a breathalyzer test. In felony DUI cases where serious injury or death has occurred, blood tests are often required to provide accurate evidence.
If a driver refuses to take a sobriety test, they can face additional penalties, such as a license suspension or even jail time. In Georgia, drivers are considered to have given “implied consent” to sobriety testing when they obtain a driver’s license, so refusing a test can be seen as a violation of this consent.
In felony DUI cases, sobriety tests can play a crucial role in determining the outcome of the case. They provide evidence of impairment that can be used in court, and they can help establish the severity of the offense. If you are facing a felony DUI charge in Georgia, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal system and build a strong defense.
Additionally, it is important to note that while sobriety tests are used to determine a driver’s level of impairment, they are not infallible. There have been cases where sobriety tests have been administered improperly or have produced inaccurate results. For example, field sobriety tests may not take into account a driver’s medical condition or physical limitations. In some cases, breathalyzer tests may produce false positives due to factors such as mouthwash, medication, or certain medical conditions.
Therefore, it is important for drivers to be aware of their rights when it comes to sobriety tests. While drivers in Georgia are required to submit to sobriety testing under implied consent laws, they have the right to refuse a sobriety test, although there may be legal consequences for doing so. Additionally, drivers have the right to request an independent blood test if they feel that the results of a sobriety test are inaccurate.
The Willis Law Firm can help with felony DUI cases in Georgia by providing experienced and knowledgeable legal representation. Our firm understands the critical role that sobriety tests play in these cases, and we work to build a strong defense strategy that takes into account all of the evidence and circumstances of the case.
If you are facing a felony DUI charge in Georgia, our firm can help by:
Analyzing the Sobriety Tests: Our team of legal experts can analyze the results of any sobriety tests administered to you to ensure that they were conducted properly and that the results are accurate.
Challenging Sobriety Test Results: If the results of your sobriety test are inaccurate or questionable, we can challenge them in court to help get them dismissed as evidence.
Reviewing the Circumstances of the Arrest: Our legal team can review the circumstances of your arrest to determine if your rights were violated at any point during the process.
Building a Strong Defense Strategy: Based on the evidence and circumstances of your case, our firm will work to build a strong defense strategy that will help you achieve the best possible outcome.
Representing You in Court: Our experienced attorneys will represent you in court and advocate on your behalf to ensure that your rights are protected and that you receive a fair trial.
At the Willis Law Firm, we understand that facing a felony DUI charge can be a daunting experience. That’s why we are dedicated to providing our clients with personalized attention and effective legal representation. If you need legal assistance with a felony DUI case in Georgia, contact the Willis Law Firm today to schedule a consultation.