When Hall County police officers suspect a driver of DUI, they will usually administer some field sobriety tests. Hall Co. officers are trained to conduct three validated tests to check for intoxication: the horizontal gaze nystagmus (HGN) test, the walk and turn, and the one leg stand. If the officer feels that the driver failed one or more of these tests, they will often ask the driver to take a roadside breath test to determine the presence of alcohol on the persons breath. The result of this test is not admissible in court and this test is different from the breath test that is given at the jail.
The officer may rely on the result of the roadside breath test to confirm his or her findings on the field sobriety tests. (However, if the officer properly administered the field sobriety tests, why would they need additional testing....?) Keep in mind that the road side breath test can be unreliable. Depending on the temperature and the candy or gum the driver may have been eating , etc., the results may be inaccurate. It certainly does not provide reliable evidence that the driver was DUI to support a conviction.
If you find yourself facing Hall County DUI charges, call an experienced DUI lawyer right away. Hall DUI lawyer Richard Lawson has experience attacking the validity of the roadside breath test, as well as field sobriety tests, and the justification for the DUI stop in the first place. Call him today for a free consultation.
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