Police Cannot Sit and Wait: Even a De Minimis Delay After the Mission Ends—or While Waiting for a DUI Officer at a Crash—Can Violate the Fourth Amendment
A traffic stop is a seizure under the Fourth Amendment. So is an accident-scene encounter once officers tell you that you cannot leave. Officers may detain you only long enough to complete the mission that justified the stop or encounter. They must pursue that investigation with reasonable diligence. They cannot stall, make small talk after […]
Georgia DUI Chemical Testing: A result that cannot be questioned is not scientific. It is an article of faith.
When the State charges a Georgia driver with DUI-drugs, DUI-combination, or DUI less safe, the case often turns on a laboratory report. That report may look definitive. It is not. Behind the reported result is a method, an instrument, a library, a set of identification criteria, and a stack of raw data the jury never […]
Gut Fermentation Syndrome and Georgia DUI Defense
Atlanta DUI Lawyer George C. Creal, Jr., P.C. A breath or blood number is not a confession. In rare cases, the alcohol the machine measures was made in the gut—not poured from a glass. Gut fermentation syndrome (also called auto-brewery syndrome) belongs in a serious DUI investigation when the client’s history and the science line […]
Date Rape Drugs, Impairment, and DUI Arrests in Cobb County: Critical Information for Drivers
Date rape drugs such as gamma-hydroxybutyric acid (GHB) and ketamine pose serious risks far beyond their notoriety in sexual assault cases. These substances can profoundly impair judgment, coordination, and consciousness-making anyone under their influence a danger behind the wheel. In Cobb County and across Georgia, driving while impaired by these or any drugs can lead […]
Landmark Gwinnett County State Court Ruling Limits HGN Evidence in DUI Cases
State Court Excludes Key Expert Opinions Linking Horizontal Gaze Nystagmus to BAC or Impairment After Detailed Critique of NHTSA Validation Studies In a significant victory for DUI defense in Gwinnett County, the State Court of Gwinnett County has issued a thorough Daubert order restricting the use of Horizontal Gaze Nystagmus (HGN) testimony. On August 6, […]
ADA and NHTSA Field Sobriety Tests: Critical Analysis for Smyrna and Georgia Drivers with Disabilities
If you are in Smyrna, Georgia in Cobb County driving home from a Braves game after a few beers or the greater Atlanta area and have a physical disability, medical condition, or mobility limitation, a DUI stop can present unique challenges. Officers frequently rely on National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Tests […]
Georgia Court of Appeals Affirms Vehicular Homicide and DUI Convictions: Key Lessons from Smith v. State
On July 14, 2026, the Georgia Court of Appeals (Second Division) issued its decision in Smith v. The State, A26A1099, affirming the convictions of Smith following a bench trial. The case involved a tragic multi-vehicle collision that resulted in two deaths and raises important issues for anyone facing DUI, reckless driving, or vehicular homicide charges […]
The 5th Amendment, Georgia’s Broader Constitutional Protection, and Your DUI Case: Words, Acts, and What Really Counts as “Testimony”
If you’ve been charged with DUI in Georgia, you know the police often ask you to do things – walk a straight line, stand on one leg, blow into a breathalyzer, or submit to a blood draw. Many drivers assume these requests only implicate the federal 5th Amendment right against self-incrimination. But the reality is […]
How ADHD Can Lead to False Positives on NHTSA Standardized Field Sobriety Tests in Georgia DUI Cases
If you have ADHD and were arrested for DUI in Cobb County or Metro Atlanta after performing poorly on field sobriety tests, you are not alone. Many people with Attention-Deficit/Hyperactivity Disorder are stopped, asked to perform the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Tests (SFSTs), and arrested – even when they are […]