If you’ve been arrested for DUI (Driving Under the Influence) in Georgia, you may have been asked to perform a field sobriety test (FST) during the stop. These tests are commonly used by law enforcement officers to assess whether a driver is impaired by alcohol or drugs. However, these tests are not foolproof, and there are several ways in which the results can be challenged in a DUI case. Understanding how a field sobriety test works and how it can be contested is critical to your defense if you’re facing DUI charges in Georgia.
In this page, we will discuss the field sobriety test’s role in Georgia DUI cases, the common reasons these tests can be challenged, and how a skilled DUI defense lawyer can help you in contesting the results.
What is a Field Sobriety Test? 
A field sobriety test is a series of exercises that law enforcement officers use to assess a driver’s physical and mental state when they suspect impairment from alcohol or drugs. While field sobriety tests are commonly used to establish probable cause for an arrest, they are far from infallible. There are three standardized tests that are typically administered:
- Horizontal Gaze Nystagmus (HGN): This test involves the officer asking the driver to follow a moving object (such as a pen) with their eyes. The officer looks for involuntary jerking of the eyes, known as nystagmus, which may indicate alcohol or drug impairment.
- Walk-and-Turn Test: This test requires the driver to take nine steps along a straight line, turn, and return in the opposite direction. It tests the driver’s balance, coordination, and ability to follow instructions.
- One-Leg Stand Test: In this test, the driver is asked to stand on one leg for a period of time, typically around 30 seconds. This tests balance and physical coordination.
While these tests are designed to measure a driver’s physical and mental abilities, there are many factors that can affect the accuracy of the results.
How Can a Field Sobriety Test Be Challenged?
Field sobriety tests are not perfect, and their accuracy can be influenced by a variety of factors. There are several common ways in which the results of a field sobriety test can be challenged in a Georgia DUI case.
Improper Administration of the Test
One of the most straightforward ways to challenge a field sobriety test is by showing that the officer did not administer the test properly. There are strict guidelines that officers must follow when conducting these tests. If the officer fails to follow these procedures, it could undermine the validity of the test results.
For example, the officer may not have provided the proper instructions or failed to allow the driver enough time to complete the test. If the officer conducted the test improperly or failed to follow the standardized procedures, the test results could be challenged in court.
Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.
Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client
Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country
Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years
Medical or Physical Conditions
Field sobriety tests are designed to assess a person’s physical coordination, balance, and ability to follow instructions. However, they do not take into account medical conditions, physical impairments, or injuries that may affect a person’s ability to perform the test. Conditions such as vertigo, neurological disorders, or leg injuries can all interfere with a driver’s performance, even if they are not impaired by alcohol or drugs.
In some cases, drivers with disabilities or physical conditions that affect their balance may be unable to perform the tests as required, but this does not mean they are impaired. A skilled DUI lawyer can argue that a medical condition or injury played a significant role in the driver’s inability to successfully complete the test.
Environmental Factors
Environmental conditions can also play a significant role in the results of a field sobriety test. For example, a walk-and-turn test or a one-leg stand test conducted on an uneven surface, gravel, or slippery pavement may result in a failed test due to the lack of proper footing. Similarly, factors such as poor lighting, weather conditions, or distractions could affect a driver’s ability to complete the test as required.
In some cases, the officer’s failure to take these environmental factors into account may result in an unfair test. A defense lawyer may argue that the test results were invalid due to adverse environmental conditions.
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Officer Bias or Inexperience
Officers conducting field sobriety tests must be trained in how to properly administer and interpret the tests. However, an officer’s bias or inexperience can influence the accuracy of the results. For instance, an officer may be predisposed to believe a driver is impaired based on factors like their appearance or behavior, even if the driver is not under the influence. This bias can lead to an inaccurate assessment of the driver’s performance on the field sobriety test.
Furthermore, an officer’s lack of training or insufficient experience with field sobriety tests can lead to improper administration or inaccurate interpretation of the results. If it can be shown that the officer did not properly administer the test or misjudged the driver’s performance, this could be grounds for challenging the test results.
Video Evidence
In many DUI cases, police officers record the interaction with the driver, including the administration of field sobriety tests. Video footage can be an invaluable tool for challenging the results of a field sobriety test. If the video footage shows that the officer did not properly explain or administer the test, or if environmental factors were not considered, this evidence could be used to undermine the validity of the test results.
In addition, the video can help assess the driver’s physical condition during the stop. If the driver’s movements appear consistent with a medical condition or physical impairment, this could strengthen the case that the field sobriety test was not a fair measure of impairment.
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Result: DUI Dismissed with No Jail Time and No Loss of License
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Result: No Jail Time, No DUI on Record, No License Suspension
How a DUI Lawyer Can Help Challenge Field Sobriety Test Results
If you are facing DUI charges in Georgia, a skilled DUI defense attorney can help you challenge the results of a field sobriety test. The key to challenging the test is understanding the specifics of how it was administered and identifying any factors that may have impacted the accuracy of the results.
A DUI lawyer will review the circumstances surrounding the stop, the officer’s training and experience, and any medical or environmental factors that may have influenced your performance on the test. By gathering evidence such as medical records, video footage, and expert testimony, your attorney can build a case that challenges the validity of the field sobriety test results.
Conclusion
Field sobriety tests are a critical part of many DUI cases in Georgia, but they are not infallible. There are numerous factors that can affect the accuracy of these tests, and a skilled DUI lawyer can help you challenge the results if they were improperly administered, influenced by medical conditions, or impacted by environmental factors.
If you’ve been arrested for DUI and are concerned about the results of a field sobriety test, it’s important to seek legal representation. A lawyer experienced in Georgia DUI law can help you navigate the legal process, challenge the evidence against you, and fight for the best possible outcome in your case.
If you’ve been arrested for DUI in Georgia and need help challenging field sobriety test results, contact Willis Law Firm today. Our team of experienced DUI defense attorneys is ready to help you fight for your rights and protect your future. Schedule your free consultation today!