Over 150 DUI arrests by a decorated Chicago area policeman have been dropped because the police officer was caught falsifying arrest information.  Chicago police officer John Haleas, who had recently been honored for writing up the most DUI arrests in Cook County, has been indicted for perjury, obstruction of justice and official misconduct for lyin.  Apparntly, Officer Haleas failed to follow departmental procedure regarding the administration of field sobriety tests, breath tests and legally required warnings.

Read more on 156 DUI Cases in Chicago Dropped Because of Bad Policework…

I ran across this video from YouTube that actually demonstrates a HGN (horizontal gaze nyustagmus) field sobriety test.  The first minute or so of the video is a discussion about the test, but it then cuts to a video of an actual test.  As noted in our last post, there are many non-alcohol related conditions that can cause nystagmus, and there are numerous defenses to it as well.    

Read more on More on Horizontal Field Nystagmus Testing…

Have you ever wondered what signs of intoxication signal police officers to pursue a DUI investigation? Attorney Jamie Spencer from Austin, Texas writes in his Texas DWI Defense blog that signs of intoxication include

Read more on What Causes a Police Officer to Suspect You of DUI?…

California DUI defense lawyer Lawrence Taylor cites several fascinating studies in his DUI blog suggesting that how you breathe can dramatically impact the blood alcohol reading generated by a breath test. For example, holding your breath for 30 seconds increased the blood alcohol content of your breath by over 15%. Hyperventilating for 20 seconds decreased the BAC by 10%.

Read more on How Your Breathe Affects Blood Alcohol Breath Test Results…

What is the difference between the "Breathalyzer" and the "Alcosensor?" Is there is any realistic way to challenge these machines?

Answer:  The Alcosensor is the portable hand held breath testing device that is administered at the scene of the pullover.  The Intoxilyzer 5000 is the breath testing device that looks like a computer, and usually located at the precinct or jail and is the device which the state uses to prove that you have more than the legal limit of alcohol in your blood.  The results of the portable Alcosensor administered in the field is not admissable in court to prove that you have more than the legal limit of alcohol in your blood.  Remember, there are good challenges to both testing devices.

Read more on Breathalyzer and Alcosensor…

Last weekend, I was arrested for DUI. The police officer asked me to step out of the car and perform a bunch of tests. He wanted to me to close my eyes and touch my nose, walk backwards, etc. I had had a few beers but I felt ok. Anyway, I did not think that I could do everything he asked so after the "touch your nose with eyes closed" I told him that I wanted a lawyer. He then arrested me for DUI. Did I screw up?

Read more on Arrested for DUI – refused to take field tests…

This is the first post for Guy Sharpe's Georgia DUI defense blog. Your questions and comments are welcomed.

–Guy

Yes, lawyers and clients frequently refer cases to us.