Field sobriety tests in DUI cases

Field sobriety tests are a series of physical and mental exercises that an officer will ask you to perform during a DUI investigation.

Understanding field sobriety tests in Georgia

These tests are designed to measure your balance, coordination, and ability to follow instructions.

It’s important to know that you have the right to refuse field sobriety tests during a DUI investigation. These tests, which can range from reciting the alphabet backward to touching your nose with your eyes closed, are completely voluntary and you cannot be penalized for declining to participate.

There are only three field sobriety tests that are considered standardized and recognized by the national protocol for detecting DUI: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. These are the most commonly used tests by law enforcement in DUI cases.

If you do submit to testing, you may still be able to challenge the results of these tests, by examining a variety of factors, such as the conditions under which the tests were conducted, the officer’s training and experience, and any medical conditions or physical limitations that may have affected your performance. It is also important to consider whether the officer followed the proper administration procedures for the tests and whether the officer’s evaluation was objective and unbiased.

Horizontal Gaze Nystagmus (“HGN”)

During the horizontal gaze nystagmus (HGN) test, the officer will stand close to you and move a stimulus, such as a pen light, in front of your face. The officer will observe whether your eyes involuntarily jerk as they follow the stimulus. Under normal circumstances, your eyes should move smoothly back and forth. However, alcohol consumption can cause involuntary jerking of the eyes, known as nystagmus. While you may not be able to tell if nystagmus was present, the officer will be able to see it clearly, like rolling a marble across sandpaper. It’s important to note that alcohol is not the only cause of nystagmus, and an officer should not rely on the HGN test alone when making a DUI arrest decision.

Walk and Turn Test (“WAT”)

The walk-and-turn test (WAT) is a field sobriety test that involves a series of instructions and physical tasks that are designed to evaluate a person’s balance, coordination, and mental impairment. The officer will ask the driver to stand in a heel-to-toe position and then go through a series of instructions about how to complete the test. This is known as the instructional phase, and the officer will be observing the driver’s performance during this phase as well. Some examples of mistakes that the driver may make include stepping out of the heel-to-toe position, starting before the instructional phase is complete, raising their arms, stopping while walking, not touching heel-to-toe on every step, stepping out of line, taking an incorrect number of steps, or turning improperly. If the officer observes two or more of these “clues,” it may support their decision to arrest the driver on suspicion of DUI. It is important to note that alcohol is just one of many things that can affect a person’s performance on the WAT and other field sobriety tests, and an officer should consider other factors as well before making an arrest decision.

One-Leg Stand (“OLS”)

The One-Leg Stand (OLS) test is a field sobriety test used to assess a person’s level of impairment due to alcohol or drugs. During the test, the officer asks the individual to stand on one leg and count by 1000s until instructed to stop. The officer is looking for four specific clues that may indicate impairment, such as swaying, hopping, putting the foot down, or raising the arms for balance. If the officer observes two or more of these clues, it may support the decision to arrest the individual for DUI.

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Criminal defense for DUI cases in Georgia

It is crucial to understand the limitations and potential flaws of field sobriety tests in order to effectively defend against a DUI charge. These tests are often administered improperly or not in accordance with standardized procedures, which can leave room for doubt about their accuracy. It is important to know how the tests were conducted and to consider all factors, including the officer’s training and experience, the conditions under which the tests were administered, and any medical conditions or physical limitations that may have affected the individual’s performance. By thoroughly examining the administration of the field sobriety tests, it may be possible to challenge their weight as evidence in a DUI case.

An experienced attorney can evaluate how the tests were given, and provide a defense challenging their reliability. If you were asked to perform field sobriety tests and charged with a DUI, call Attorney Erin Gerstenzang to discuss your case.

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