If you are pulled over on suspicion of driving under the influence (DUI) in Georgia, you may be asked to perform a field sobriety test (FST). These tests are used by law enforcement to determine if a driver is impaired by alcohol or drugs. But how do FSTs work, and what science is behind them?
There are three standardized field sobriety tests that have been developed and validated by the National Highway Traffic Safety Administration (NHTSA): the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.
The HGN test involves the officer asking the driver to follow a moving object, such as a pen or flashlight, with their eyes while keeping their head still. If a person is under the influence of alcohol or drugs, their eyes may exhibit involuntary jerking or bouncing when attempting to track the object.
The walk-and-turn test requires the driver to take nine heel-to-toe steps in a straight line, turn around, and take nine steps back. The officer looks for specific indicators of impairment, such as losing balance, starting before being instructed to do so, or not touching heel-to-toe on each step.
Finally, the one-leg stand test involves the driver standing on one leg with the other foot raised approximately six inches off the ground while counting aloud. The officer observes for signs of swaying, hopping, or putting the raised foot down.
While these tests are standardized and have been shown to be reliable indicators of impairment, they are not foolproof. Factors such as weather conditions, uneven surfaces, and preexisting medical conditions can all affect a driver’s performance on FSTs.
Additionally, some people may naturally have difficulty with balance or coordination, even when sober. This can lead to false positives on FSTs and unfairly result in charges of DUI.
It’s important to note that FSTs are not mandatory, and drivers have the right to refuse them. However, refusing a FST can lead to an arrest and may be used against the driver in court.
If you are charged with DUI based on FST results, it’s important to seek the advice of a qualified attorney who can help you understand your rights and build a strong defense.
While field sobriety tests are widely used by law enforcement in Georgia and across the country, they are not infallible indicators of impairment. By understanding how these tests work and the limitations of their accuracy, drivers can better protect their rights and make informed decisions when interacting with law enforcement.
It’s worth noting that in addition to FSTs, law enforcement officers may also administer chemical tests to determine a driver’s blood alcohol concentration (BAC). These tests, such as breathalyzer tests and blood tests, can provide more precise measurements of a person’s level of impairment.
However, like FSTs, chemical tests are also subject to error and may be challenged in court. For example, breathalyzer tests can be affected by a variety of factors, such as mouth alcohol, interfering substances, or improperly calibrated equipment.
If you are charged with DUI based on chemical test results, it’s important to have a knowledgeable attorney who can review the details of your case and potentially challenge the accuracy of the tests.
In recent years, there has been growing concern about the fairness and accuracy of DUI enforcement, particularly in cases involving marginalized communities. In response, some states have begun to explore alternative approaches to DUI enforcement, such as drug recognition experts (DREs) or impairment-based traffic stops, which focus on identifying impaired driving behaviors rather than relying solely on FSTs or chemical tests.
Regardless of the approach, it’s clear that enforcing DUI laws requires a delicate balance between ensuring public safety and protecting individual rights. By understanding the science behind field sobriety tests and chemical tests, drivers can better advocate for their own interests and make informed decisions when interacting with law enforcement.
If you have failed a field sobriety test or chemical test in Georgia, it’s essential to seek the help of a qualified DUI defense attorney who can protect your rights and help you navigate the legal system. Willis Law Firm is a law firm that specializes in DUI defense and can provide valuable assistance in your case.
Here are some ways Willis Law Firm can help:
Investigating the facts of your case: A skilled DUI defense attorney will review the details of your arrest, including the reason for the traffic stop, the conduct of the arresting officer, and the administration of any tests. By investigating these facts, Willis Law Firm can identify potential flaws or inaccuracies in the case against you.
Challenging the evidence: If the evidence against you is flawed, Willis Law Firm can work to have it excluded from your case or to challenge its accuracy. For example, a skilled attorney may challenge the administration of a field sobriety test or the calibration of a breathalyzer machine.
Protecting your rights: You have important legal rights, including the right to remain silent and the right to an attorney. Willis Law Firm can help you understand your rights and work to ensure they are protected throughout the legal process.
Negotiating with prosecutors: In some cases, it may be possible to negotiate a plea bargain or reduced charges with the prosecutor’s office. Willis Law Firm can work to secure the best possible outcome for your case and help you avoid the most severe consequences of a DUI conviction.
Representing you in court: If your case goes to trial, Willis Law Firm can provide skilled and experienced representation in court. With a deep understanding of DUI law and courtroom procedures, our attorneys can work to present a compelling defense and protect your rights throughout the trial process.
If you have failed a sobriety test in Georgia, it’s important to seek the help of a qualified DUI defense attorney who can protect your rights and help you navigate the legal system. Willis Law Firm is a law firm with extensive experience in DUI defense and can provide the guidance and support you need to achieve the best possible outcome for your case.