Field Sobriety Tests in Georgia play a major role in DUI investigations. If a police officer suspects a driver is impaired, they may ask the driver to perform physical tests at the roadside. These tests are designed to help the officer decide whether to make an arrest. However, not all drivers realize they have rights during these stops or how these tests work under Georgia law.
Understanding your rights during a DUI stop can help you make smart choices and avoid unnecessary legal trouble. This article explains what field sobriety tests are, how they’re used in Georgia, what laws apply, and how they may affect your case. If you’ve been stopped or arrested for DUI in Georgia, speak with a DUI lawyer in Savannah, GA for a confidential consultation.
What Are Field Sobriety Tests?
Field sobriety tests are physical and mental exercises police use to check for signs of impairment. Officers give these tests before making a DUI arrest.
Standardized Field Sobriety Tests (SFSTs)
The National Highway Traffic Safety Administration (NHTSA) created three standardized tests:
- Horizontal Gaze Nystagmus (HGN): This test looks for jerking in the eyes when moving side to side.
- Walk-and-Turn: The driver walks heel-to-toe in a straight line, turns, then walks back the same way.
- One-Leg Stand: The driver stands on one foot and counts out loud for 30 seconds.
Each test includes specific clues officers watch for, such as balance issues, missed steps, or trouble following directions.
Non-Standardized Field Sobriety Tests
Some officers use additional tests not approved by the NHTSA. These include:
- Reciting the alphabet
- Counting backward
- Touching your nose with your finger
These tests aren't always consistent and may be harder to defend in court.
Legal Purpose and Police Procedures
Field sobriety tests help officers collect evidence of impairment before arresting a driver. Officers must follow set procedures during testing. If they don't, the results may lose value in court.
Are Field Sobriety Tests Mandatory in Georgia?
No. Drivers don’t have to take field sobriety tests, even if officers pressure them. However, the law does allow officers to use test results as part of their decision to arrest.
Georgia’s implied consent law applies to chemical tests like breath, blood, and urine, not field sobriety tests. Drivers agree to chemical testing just by driving in the state, but this rule doesn’t include field tests.
Your Right to Refuse
You may say no when an officer asks you to take a field sobriety test. You don’t need a reason, and the law protects that choice.
Consequences of Refusal vs. Participation
If you refuse, the officer may still arrest you based on other signs, like slurred speech or the smell of alcohol. However, saying no can reduce the evidence used against you.
If you agree to take the test and fail, the results may be used in court.
Officer Instructions and Implied Coercion
Officers may give test instructions that seem like commands. Some drivers think they have no choice. You may decline to participate.
Can Field Sobriety Tests Be Challenged in Court?
Yes, defense lawyers can question how the test was done or whether the results were fair.
Common Grounds for Challenging Results
Common defenses include:
- Officer didn't follow NHTSA rules
- Test area was unsafe or poorly lit
- Driver wore poor footwear or had injuries
Medical Conditions and Physical Limitations
People with knee problems, prior head trauma, war injuries, vertigo, or back injuries may not perform well, just to give a few examples. Some conditions mimic signs of intoxication.
Environmental Factors and Test Administration Errors
Uneven pavement, poor lighting, traffic noise, or bad weather can affect results. If the officer gave unclear instructions, that may also weaken the results in court.
How Accurate Are Field Sobriety Tests in Georgia?
Field tests aren't perfect and have limits.
Scientific Reliability Studies
Studies suggest the three standard tests, when done correctly, spot impairment about 80% of the time. But that means 1 in 5 tests could give false results.
Factors That Affect Test Accuracy
Factors include:
- Officer experience
- Driver’s age, weight, or health
- Roadside conditions
- Distractions during testing
False Positive Rates and Limitations
Some sober drivers fail field tests due to nerves or confusion. Officers might misread signs or expect mistakes that confirm their suspicions.
What Happens After Failing a Field Sobriety Test?
Failing a field sobriety test often leads to arrest.
Arrest and Booking Process
The officer arrests you, reads your rights, and takes you to the station. You’ll be booked and may spend time in jail before posting bond.
Additional Chemical Testing Requirements
After arrest, Georgia law requires a chemical test. Refusing this test leads to an automatic license suspension.
License Suspension Procedures
If you refuse the post-arrest chemical test, your license may be suspended for a year. You have 30 days to request a hearing to try to keep your license.
How a Criminal Defense Attorney Can Help
A defense lawyer helps you fight DUI charges and reduce penalties.
Challenging Test Administration and Results
A lawyer can review video footage and police reports to show that tests were done wrong or conditions were unfair.
Negotiating Reduced Charges
Many DUI cases don’t go to trial. A lawyer may negotiate with prosecutors for a lesser charge like reckless driving.
Building a Strong Defense Strategy
Lawyers may gather witness statements, medical records, or expert opinions to show you weren’t impaired or the officer’s testing was flawed.
Frequently Asked Questions About Field Sobriety Tests
Can I be arrested for refusing field sobriety tests?
No. You can’t be arrested just for saying no. But the officer might arrest you based on other signs of impairment.
Do I need a lawyer if I passed the field sobriety tests but was still arrested?
Yes. Even if you passed, other factors could have led to the arrest. A lawyer can help defend your rights.
How long do I have to request a license hearing after a DUI arrest?
You have 30 days from the date of your arrest to ask for a hearing to try to keep your license.
Can prescription medications affect field sobriety test results?
Yes. Medications can cause balance problems or eye movement that may look like signs of alcohol use.
Contact a Skilled DUI Attorney in GA Now
If you’re dealing with DUI charges in Georgia, don’t wait to get legal help. A DUI conviction can affect your job, your license, and your future. The sooner you act, the better your defense will be.
Stacey Goad at The Atlantic Law Firm has years of experience working as a criminal prosecutor. She knows how DUI cases work from both sides. Her firm has earned awards for professionalism and service. You can count on her to take your case seriously and give it the attention it deserves.
Contact a criminal defense law firm today for a private consultation and learn how to protect your rights.