Category: Drunk Driving

Seeing a police car’s flashing lights behind you is a stressful experience. If you are on your way home from a night out with friends and you had a couple of drinks, getting pulled over means that the officer will probably ask if you have been drinking. They may ask you to take a breathalyzer test and perform a field sobriety test. Given that you only had one or two drinks, you may feel confident that the breathalyzer test will show that your blood alcohol content (BAC) level is well below the legal limit. However, even if you pass the field sobriety test, the police officer can still arrest you if they suspect that you were driving under the influence (DUI) of alcohol. 

Just because you were arrested, that does not mean that you do not have rights. If you were arrested for driving while impaired after passing a field sobriety test, you are urged to contact a skilled lawyer as soon as possible. 

What Are the Components of the Standardized Field Sobriety Test?

Field sobriety tests are used by law enforcement officials to determine whether a motorist is driving while impaired. The National Highway Traffic Safety Administration (NHTSA) developed the standard field sobriety test, which includes the following components:

• Horizontal gaze nystagmus test: Police officers use this test to look for nystagmus, which is a condition that causes involuntary movement in the eyes. It is often an indication of alcohol or drug impairment. The officer tests for nystagmus by holding up a pen or light and asking the motorist to track the movement as the officer moves it across their field of vision.
• One-leg stand test: The motorist who is pulled over will be told to stand with one leg off the ground and count to a certain number. This is a split-action test, which involves having to perform two actions at once.
• Walk-and-turn test: This is another example of a split-action test. The motorist is instructed to walk in a straight line, heel-to-toe, then turn around and walk the same straight line. In some cases, the officer will tell the motorist to count their steps as they walk.

How Accurate Are Field Sobriety Tests?

When administered together, these field sobriety tests help officers predict whether a motorist has a BAC level at or above 0.10 percent. However, these tests are essentially coordination exercises, and even the slightest balance check or hesitation will be used against the driver, despite the fact that they may be simply nervous. 

There are some motorists who have naturally occurring nystagmus, as well as certain head and eye conditions that make the horizontal gaze nystagmus test irrelevant. The walk-and-turn test can be very difficult for elderly drivers or people who are overweight. In addition, if the motorist walks in a regular stride instead of heel-to-toe or turns around too early, the officer may mark that as a sign of intoxication. The one-leg stand test can be difficult under any circumstances, particularly when the motorist is nervous. However, elderly drivers and overweight motorists often find it very difficult to stand on one foot for 30 seconds. 

Other tests, like telling the motorist to recite the alphabet backwards, have not been validated to prove that a motorist is under the influence of alcohol. Yet, police officers continue to use these unfair testing methods. 

Can I Refuse a Field Sobriety Test?

Not only do you have the right to refuse a field sobriety test, but many lawyers recommend that you do so since they are not considered an objective measurement of impairment. In fact, some believe that the tests are set up to make you fail. Poor weather conditions, uneven roadways, and physical or mental health conditions can cause you to perform poorly on the field sobriety test, even if you did not consume any alcohol. 

Police officers often use field sobriety tests to provide probable cause to test your breath, blood, or urine for alcohol. From the moment you roll down the window, they will be looking for intoxication clues. If the officer asks you to perform a field sobriety test, they must make it clear that it is voluntary and that you have the right to refuse. Oftentimes, police will use coercive language or suggest that it is in your best interest to perform the field sobriety test. This is simply not the case. If you do refuse to take the test, do so in a way that is respectful and polite. 

If you were given a field sobriety test and the officer believes that there is enough evidence to suggest that you are under the influence, they may request that you take a preliminary breath test. This test is also optional. However, if you refuse to take the test, the officer may detain you and take you to the police station where you will be asked to take a more accurate non-roadside chemical test. In addition, refusing to take the roadside test may result in stiff penalties, including an automatic suspension of your driver’s license. Generally speaking, it is not in your best interest to refuse the non-roadside chemical tests.

How Accurate Is a Breathalyzer Test?

In addition to the field sobriety tests, police officers also use a breathalyzer device to obtain a preliminary alcohol evaluation. This test is not as accurate as the breath chemical testing machines that are done at the police station. However, if the results of the breathalyzer test suggest that your BAC level is above the legal limit, you may be arrested and brought to the station for a more accurate chemical test. 

Even if you tested below the legal limit, it does not necessarily mean that you are off the hook. In Georgia, the legal blood alcohol limit is 0.08 percent for adult drivers who are not operating a commercial motor vehicle. However, you can still be arrested for impaired driving with a BAC level of 0.02 percent if the police officer suspects that you are under the influence of drugs, which are not detected by standard breathalyzer tests.

In addition to being less accurate than a blood test, there are a number of factors that can produce a false positive with a breath test, including the following:

• You recently used mouthwash or a breath freshener.
• You ate food that was cooked in wine or some other type of alcohol.
• You take certain medications, including those that are administered with an inhaler.
• You took an over-the-counter medicine, like cough syrup.
• If you work with certain chemicals, like paint, varnish, lacquer, or cleaning fluids, you may retain chemical fumes in your breath that can produce a false positive breath test.
• Certain health conditions can produce a false positive result. For example, diabetes can produce elevated acetone levels, and breathalyzers cannot distinguish between acetone and ethyl alcohol. 

How Can a DUI Lawyer Help Me With My Case?

It is important to understand that you have rights, whether you passed a field sobriety test or not. A dedicated lawyer will determine whether the police officer had sufficient grounds to pull you over for driving while impaired by alcohol and whether they administered the field sobriety test correctly according to NHTSA guidelines. Police vehicles are usually equipped with video cameras on their dashboards, which record officers administering a field sobriety test. A lawyer will be able to obtain these tapes, which can be extremely valuable to the case if the driver performed well on the test. 

In addition, a skilled lawyer will highlight the fact that there is little science to validate the effectiveness of field sobriety tests. Oftentimes, your lawyer can actually use the results of the field sobriety test in your favor. For example, if the police officer arrested you because you failed the one-leg stand test and you had a borderline BAC but you passed the other tests, your lawyer will argue that the testing is flawed. This can help establish reasonable doubt. 

Springfield DUI Lawyers at Kicklighter Law Assist Clients Facing DUI Charges

If you were arrested for impaired driving after passing a field sobriety test, do not hesitate to contact our Springfield DUI lawyers at Kicklighter Law. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. We are located in Springfield, Georgia, and we serve clients throughout Effingham County, Savannah, and the surrounding areas. 

Reach Out to an Attorney

If you are the victim of a drunk driving accident, we encourage you to seek legal action. By involving the law, you are not only seeking compensation and justice, but you are also contributing to a safer community by demanding consequences. The Kicklighter attorneys have extensive experience fighting for victims of a drunk driving accident. We want to make our community a safer place, and we do that through bringing drunk drivers and alcohol-serving establishments to justice.

Contact us today if you’ve been in a drunk driving accident.

The period between Memorial Day and Labor Day is referred to as the 100 Deadliest Days, as there is a major increase in car accident fatalities. One major factor contributing to these fatalities is people who drive under the influence of alcohol of drugs. If a drunk driver is on the road, his reaction time is drastically reduced, and he will likely make poor driving decisions. These negligent choices often result in drunk driving accidents and possibly serious injuries or death. Your car accident attorney will consider several factors, such as Georgia’s Dram Shop Laws and consequences for drunk driving in Georgia, while pursuing maximum compensation for you. Allow us to explain:

Georgia’s Dram Shop Laws

Georgia’s Dram Shop Laws allow the injured plaintiff to file a claim against an establishment or bartender who is responsible for over-serving the defendant. For example, if a bartender continues to serve an obviously intoxicated person alcohol and that person leaves the restaurant and hits another vehicle, the injured party can sue the establishment and/or bartender for negligence as well as the drunk driver.  

Pursuing compensation under Georgia’s Dram Shop Laws holds dualistic importance. First, the establishment and/or bartender that is convicted must deal with court-ordered consequences such as a fine or loss of liquor license. These consequences will hopefully force the establishment to become stricter with serving alcohol to intoxicated customers. Second, your car accident attorney will use these Laws to pursue maximum compensation from the establishment and/or bartender and the defendant.

Drunk Driving in Georgia

In Georgia, if you’re convicted of drunk driving, you may face jailtime, community service orders, fines, points on your license, license suspension, and other consequences. The details of the consequences are determined by your judge, what number offense this incident was, your age, and more.

Involved in a Drunk Driving accident? Contact the Springfield Drunk Driving Attorneys at Kicklighter Law

Our team will fiercely represent our clients and pursue maximum compensation from the defendant and establishment and/or bartender. We aim to make Georgia roads safer by being a force in the legal realm, making it known that driving under the influence has serious consequences. If you’ve been injured in a drunk driving accident, call us right away: 912-754-6003

Over 50 years ago, the Road Safety Bill made it illegal for people to drive if their blood alcohol concentration was .08% or higher. If you choose to drink then drive, it’s important to know what may occur in the future if you’re charged with a DUI. Keep reading to discover the answers to several frequently asked questions about driving under the influence:

Have you been arrested for driving under the influence in Chatham County? Contact the Kicklighter Law team today.

If you’ve seen an increase of law enforcement on the roads this summer, it’s likely due to the new distracted driving law that took effect on July 1, 2018. With this law, it is now illegal to hold a phone in your hand while driving, meaning you will have to use a hands-free device. The law is intended to reduce traffic fatalities on Georgia roadways.

Distracted Driving Legislation Details

If you’re one of the roughly seven million drivers that travel on Georgia roads each year, it’s important to understand the details of this new law. The law bans more than just holding your cell phone while driving. To stay within the law, make sure you don’t:

However, there are certain tasks you can still perform under the new distracted driving law. Consider the following:

It’s important to note that if you witness an emergency-related situation such as a car accident or fire, you can use your phone to call the authorities.

Penalties Associated with the Distracted Driving Law

If you are caught breaking the distracted driving law, you will receive a fine. The fine is calculated based on how many times you’ve broken the law. You may also receive points on your license.

The team at Kicklighter Law encourages you to adhere to the new distracted driving law. Unfortunately, even if you follow every traffic law and take precautions to drive safely, you may still get into a car accident due to someone else’s negligence. If you’ve been injured in a car accident, contact the Kicklighter attorneys today.

Parents of newly licensed teen drivers face a whole new world of worry and stress every time their child gets behind the wheel. Parents hope that their teen drivers will make smart choices and avoid unsafe driving behavior such as distracted driving and reckless driving. Drunk driving is also at the top of the list of worries, despite the fact that teen drivers are minors and are not legally allowed to drink alcohol. Unfortunately, teens are exposed to alcohol in a wide range of situations. If they make the irresponsible choice to drink alcohol and then get behind the wheel of a car, it can have devastating consequences. Parents of teen drivers who have been charged with a DUI are strongly urged to contact a highly skilled DUI lawyer who has a proven track record of reaching favorable outcomes in these types of cases.

When a teen driver is facing a DUI charge, it is important for the parents to understand that Georgia imposes very harsh penalties for underage drunk driving. The zero-tolerance law is very strictly enforced. For example, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 percent or higher. For teen drivers, the legal limit drops to 0.02 percent. This is due to the fact that teens should not be drinking alcohol at all, and Georgia’s breath testing machines are not accurate enough to detect a BAC lower than the 0.02 threshold. 

Parents should also understand that a DUI arrest will immediately show up on the teen driver’s record. This could jeopardize the college application process or prevent the teen from getting a job if a prospective employer sees the DUI charge on the application. A DUI charge also comes with a 12-month probation period, which means that the teen must report to their probation officer once a month, regardless of whether they have a job or go to school. In addition, a DUI charge remains on the individual’s criminal record permanently. Therefore, it is something that the teen driver will have to explain to future employers and hope that they can overlook it. 

What are the Different DUI Charges?

In Georgia, there are two ways that police can charge motorists with a DUI, including the following:

• DUI per se: This applies when the motorist’s BAC is over the legal limit. The BAC alone is enough to convict the driver. In Georgia, a motorist is considered legally drunk under the following circumstances:
  – BAC of 0.02 percent or higher if the motorist is under the age of 21
  – BAC of 0.04 percent or higher if the motorist is operating a commercial vehicle
  – BAC of 0.08 percent or higher if the motorist is over the age of 21 and driving a passenger vehicle
• Impairment DUI: This applies if the officer finds the driver to be impaired, regardless of the driver’s BAC. If the teen driver is charged with an impairment DUI, the prosecution must be able to show evidence of impairment, including slurred speech, erratic behavior, and other unsafe driving behavior.

What are the Criminal Penalties of an Underage DUI Charge?

Just because a teen driver is a minor does not mean that they will not face serious penalties. In fact, Georgia laws are very strict when it comes to underage drinking and driving. When a minor is charged with a DUI, they may face the following penalties:

What are the Driver’s License Penalties for a DUI Charge?

A DUI conviction will certainly have an impact on a teen driver’s license. For drivers ages 16 to 20, a first offense will result in a six-month license suspension if his or her BAC was under 0.08 percent. If the BAC was over 0.08 percent, a teen driver’s license will be suspended for 12 months. In addition, younger drivers will be required to attend the Risk Reduction Program and pay the associated fees, including the license reinstatement fee.

Parents must also understand that there are two different court hearings that may impact a DUI charge, both of which can affect a teen’s driver’s license.

• Administrative License Hearing (ALH): This is requested by the motorist’s DUI lawyer, who has 30 days from the date of the arrest to file an appeal of the motorist’s driver’s license. The purpose of this hearing is to determine whether the defendant’s driving privileges should be suspended prior to a DUI conviction in criminal court. An ALH covers the following issues:
  – Did the officer have reasonable grounds to place the motorist under arrest for operating a motor vehicle while under the influence of alcohol?
  – Did the motorist involved in the accident cause serious injuries or fatalities?
  – Did the officer inform the driver of his or her implied consent rights when the test was requested?
  – Did the motorist refuse the test?
  – Did the test results indicate a BAC of 0.02 or more if the driver was under the age of 21?
  – Was the test administered properly?
• Criminal proceeding: This will also have an impact on whether the teen driver will lose his or her driver’s license. However, a criminal proceeding may also result in additional punishments, including jail time, community service, fines, alcohol treatment, and additional license suspension.

What Steps Do I Take after My Teen Driver has Been Charged for a DUI?

A DUI charge should be taken very seriously. Therefore, it is imperative that the parents of the teen driver contact an experienced DUI lawyer who can determine whether there is a valid case against the driver. For example, if the following factors can be proved, the lawyer may be able to arrange for the charges to be thrown out:

However, if there is a valid case against the teen driver, a DUI lawyer will either fight the conviction or argue for a reduced sentence. Throughout the entire legal process, the teen driver is strongly urged to follow the advice of his or her lawyer and to always be respectful and tell the truth. If the teen driver is convicted of a DUI, the parents or the teen driver must pay all of the fines as soon as possible and complete all court-ordered community service programs, as well as any other programs that were ordered by the court.

What if My Teen Driver was Not Actually Impaired?

Teen drivers who have a BAC of 0.02 are considered legally impaired. Although this is meant to deter underage drivers from drinking and driving, it presents a challenge when it comes to DUI cases. There have been many cases in which an under-21 motorist had a 0.02 BAC and was charged with a DUI, despite being completely sober. To make matters worse, this charge stays on the driver’s record permanently. Motorists who are just shy of turning 21 may be charged with a violation that they would not be charged with had they been a few weeks or months older. In extreme cases, an underage driver may be charged with Felony Vehicular Homicide or Felony Serious Injury by Vehicle, which can completely derail a young person’s education or career plans. It can even prevent individuals from being approved for mortgages later in life. Oftentimes, when an underage driver has a BAC of 0.02 percent, the more fair and reasonable charge would be minor in possession of alcohol (MIP) as opposed to the much more serious charge. A skilled and experienced DUI lawyer will examine the charges brought against a teen driver, guide the client and his or her family through the complex legal system, and recommend the course of action that will have the best possible outcome.

Effingham County DUI Lawyers at Kicklighter Law Advocate for Teen Drivers Charged with a DUI

If your teen driver was charged with a DUI, reach out to the Effingham County DUI lawyers at Kicklighter Law. We have a proven track record of navigating the complex court system and will work tirelessly to protect your child’s legal rights, whether that means having the charges dropped or securing a reduced sentence. We understand the impact that a DUI charge can have on your child, and we will work tirelessly to build a strong case and protect your child’s future. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. We are located in Springfield, Georgia, and we proudly serve clients in Springfield, Effingham County, Savannah, and surrounding areas.