In Gwinnett County, when an officer effectuates a DUI stop, it usually begins with a series of questions for the driver. If the officer determines that he or she wants the driver to exit the vehicle, they will typically administer some field sobriety tests. The three validated tests are horizontal gaze nystagmus, walk and turn, and one leg stand. If they officer feels that the driver displayed evidence of being under the influence during one or more of these tests, they may also administer a preliminary breath test. This is not the breath test that has results admissible in court - that is administered later at the jail. The roadside breath test, sometimes called the alcosensor, detects the presence of alcohol on the persons breath and gives the officer a reading.
The results of such a test can be unreliable. Factors such as the temperature in which the device was stored and factors such as gum or mints the driver may been chewing just prior to the DUI stop may affect the results. In short, a positive roadside breath test result is not reliable proof that a driver had an unlawful blood alcohol content or was DUI.
If you find yourself charged with a Gwinnett County DUI, much can often be done to contest the charges. Call Gwinnett DUI attorney Richard Lawson for a case consultation as soon as possible following your arrest for DUI.
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