Winder DUI Lawyer – Winder DUI Attorney
Former DUI Prosecutor
Richard Lawson is a former Georgia DUI Prosecutor and has over 25 years' experience in DUI law. Please check out his Avvo reviews and see that he is the most reviewed, top-rated DUI attorney in all of Georgia. When you need a DUI Lawyer in Winder, contact our office for a free, no-obligation consultation.
If you have been arrested for DUI in Winder or elsewhere in Barrow County, you (or your Winder DUI Lawyer) will need to file a request for an Administrative License Suspension (ALS) hearing or request for an ignition interlock device to be installed. The filing fee is $150 and is separate from your attorney's fees. If you do not request an ALS hearing or an interlock device, your Georgia driver's license will be suspended for up to one year. If you have been accused of refusing the chemical test of your breath, blood, or urine, your Georgia driver's license will be suspended for one year, with no chance for a restricted permit.
Blood-Alcohol Content and Chemical Testing
Many individuals who submit to the State's chemical test of their breath, blood, or urine and have a reading above Georgia's legal limit of .08% often think their case is hopeless and decide not to hire a Winder DUI Attorney to fight their Winder DUI case. However, if an experienced Winder DUI Lawyer thoroughly investigates the case, evidence will often be revealed that can cast doubt on the reliability of the chemical tests results and could keep them from being introduced against you in court.
The Winder DUI Attorney you choose should not only know the breath machine that is used, but exactly what factors can affect the result of a breath, blood, or urine test to determine intoxication. These factors can often lead to a false high blood-alcohol reading. Depending on the specimen type and its analysis, the following are examples of a few of the factors that could affect a chemical test and give an incorrect result:
- Interference of radio frequency (police radio, mobile phone, or microwave);
- Mouth alcohol present during breath sample collection;
- Foreign objects in the mouth such as dentures or tongue stud;
- GERD or Gastro Esophageal Reflux Disease;
- Failure to observe the accused before testing administration;
- How the blood or urine sample was extracted;
- How blood or urine samples were preserved and stored;
- How blood or urine sample was transported and who had access to it.
Field Sobriety Tests: A Brief History
Richard Lawson is one of few Winder DUI Attorneys who has not only been certified to administer the National Highway Traffic Safety Administration's (NHTSA) field sobriety tests; he is also an instructor.
Field sobriety tests (or FSTs) have existed since the beginning of the enforcement of DUI law. For many years, they varied from officer to officer; police department to police department, and could be just anything the officer imagined. In the late 70s, the Department of Transportation and NHTSA funded a research study to carefully look at what physical coordination tests that had been used to detect intoxication during DUI stops. Their goal was to develop more reliable testing to determine if one's blood alcohol content is above the legal limit and to make those tests standardized. After the study, the researchers came to the conclusion that a battery of three tests: Horizontal Gaze Nystagmus, Walk-and-Turn, and One-leg Stand would offer a reliable result of intoxication. More research was done to develop and validate the battery of tests and to see if they were feasible to use in the field as well as if they were useful in identifying individuals with a blood alcohol content that is higher than the legal limit.
Types of Field Sobriety Tests
Horizontal Gaze Nystagmus – The involuntary jerking of the eye is called nystagmus, and can be an indicator that a person is under the influence of alcohol. However, the mere occurrence of nystagmus does not mean there is an intoxicating substance in the body. There are substances in the body that can produce nystagmus that would not impair a person's ability to drive. Nystagmus could also be caused by a neurological disease or even congenital.
Things that can interfere with how a DUI suspect performs on field sobriety tests include having poor vision in one eye, exposure to irritants
Nystagmus can also be the result of tumors or other damage to the brain and inner ear diseases.
With this test, the accused stands heel-to-toe with their arms at their side. They are to keep that position until the officer tells them to start walking. Then, depending on the instructions given, the person takes nine heel-to-toe steps while walking an imaginary straight line, turns, and walks nine steps back. Keep in mind, the turn is not a pivot turn, but is made by small steps with one foot, while keeping the front foot on the imaginary line. The accused should perform the test while holding their arms to their side while watching their feet, and counting out loud.
The directions for this test are given while the subject stands with their feet together and arms at their side until told to begin. The instructions should be given (and demonstrated) to the subject are stand on one leg (either) while holding the other leg approximately six inches off the ground. The foot should be pointed forward so that it is parallel to the ground for thirty seconds or so while counting out loud.
Winder Municipal Court
Winder Municipal Court is held at the Barrow County Courthouse, located at 652 Barrow Park Drive, Winder, GA 30680 at 9:00 AM. Check-in starts at 8:30 AM. The Honorable Steve Nicholas is the Chief Judge, Karen Wilson and Brandi Druse are the Court Clerks, and Ronda Leary is the Solicitor.
Office Hours are Monday – Friday, 8:00 AM – 5:00 PM. For more information, contact Winder Municipal Court at (770) 867-3106 or via email at [email protected].
Map to Winder Municipal Court
Winder DUI Defense
If you have been arrested for DUI in the City of Winder, you need a Winder DUI Lawyer to explain your rights and provide a solid defense. At the Law Office of Richard Lawson, we know all there is to know about Georgia DUI law and are ready to take your call 24 hours a day, seven days a week—even holidays. You do not have time to waste, and your Winder DUI case will not resolve itself. Contact the Law Office of Richard Lawson when you need a DUI Attorney in Winder. Your best defense begins now.
Winder DUI Resources