How a Field Sobriety Test Can Lead to a Homicide Charge in Georgia

In Georgia, a driver may be charged with first-degree vehicular homicide if they cause the death of another person while violating the state’s DUI laws. That is to say, if you drive drunk and cause a fatal accident, you face a felony charge punishable by up to 15 years in prison. And keep in mind, DUI does not just cover situations where a person is intoxicated by liquor. It also applies to any form of impairment due to drug use.

Field Sobriety Test Helped Establish “Probable Cause” for Warrant in Fatal DUI Accident Case

Law enforcement often rely on field sobriety tests to help determine if a driver is possibly impaired by drug use. Such tests can form the basis for a valid search warrant for a person’s blood and other potentially incriminating evidence. A recent decision from the Georgia Court of Appeals, State v. Haynes, provides an illustration of these principles.

In this case, a trial court granted a defendant’s motion to suppress the result of a blood test obtained under a search warrant following a fatal car accident. The Court of Appeals reversed the trial judge, however, holding that the arresting officer’s affidavit provided sufficient “probable cause” to justify the search warrant. The state can therefore use the result of the defendant’s blood test as evidence at trial.

Here is what took place. A Georgia State Patrol officer filed the affidavit in question. The trooper was investigating a car accident involving the defendant and another driver. The other driver died from their injuries. Officers at the scene concluded the defendant was at-fault for the fatal accident as he “failed to maintain his lane of travel and struck the other vehicle head on,” according to court records.

The defendant was taken to the emergency room following the accident. There, the trooper administered field sobriety tests. Specifically, the officer performed a horizontal gaze nystagmus (HGN) test. The defendant exhibited 6 out of the 6 clues indicating impairment. The trooper also observed the defendant’s eyes were “bloodshot and watery” and that his pupils were dilated. Based on all of this information, the trooper applied for and received a search warrant to perform a blood draw.

The Court of Appeals held the search warrant was proper. The court noted the trooper had several bases for establishing probable cause, including the failed HGN test and the on-site investigators’ conclusions regarding fault for the accident.

Contact Hawkins Spizman Trial Lawyers Today

One important lesson from this case is that you do not have to consent to an HGN or any other field sobriety test. Georgia law imposes certain penalties–i.e., the automatic suspension of your driver’s license–for refusing a lawful blood test in a DUI case. But there are no such consequences for refusing a field sobriety test.

And if you are charged with a crime based on any form of intoxicated or impaired driving, it is critical that you work with a Board certified Georgia DUI lawyer who can advise you of your rights. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=2a7e451c-5b6d-4127-9e72-6e36b4b21e75