Savannah GA Standardized Field Sobriety Testing

Savannah GA Standardized Field Sobriety Testing

While a DUI offense involving drugs can be prosecuted by the State although where the drugs are prescribed by a physician, special rules apply to DUI-contraband cases. These cases involve illegal substances like marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Savannah GA is based upon driving when having an unlawful substance in the blood system. Although this issue is currently on appeal, the prosecutor is not presently required to prove impairment because of the illegal contraband drugs in the system. Mere evidence of the presence of a contraband substance or its “metabolites” is sufficient to render a conviction. However, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should establish that the person was rendered incapable of driving safely as a result of using the marijuana.

In the case of Standardized Field Sobriety Testing, officers in Savannah GA are taught to look for established “scoring factors” which must be evaluated in determining if or not there is intoxication exists. A finding of intoxication will only arise when sufficient scoring factors are identified. When a single scoring factor is identified, an evaluation is needed of a high degree of probability of non-intoxication. If additional scoring factors are identified, probabilities of intoxication are assigned to evaluate test results. If a police officer receives proper training about field sobriety tests, they will be told the proper standards and procedures according to the National Highway Traffic Safety Administration (“NHTSA”). The manual also provides that the walk-and-turn and one-leg stand test should not be conducted when the suspect is over 50 pounds overweight or has physical impairments that could affect his balance. The manual also provides that the walk-and-turn test “needs a line that the suspect can see.” This is seldom done. As a defendant in a criminal case, you have the legal right to contest the conduct and findings of blood alcohol tests. Issues that have an effect on the manner at which the test was conducted and even the technical knowledge of the officer conducting the test may be challenged by the defendant in the DUI lawsuit in Savannah GA.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney