It’s bad enough to be stopped for DUI without making a careless mistake about your rights. Field sobriety tests are one of the most frequently misunderstood aspects of Georgia’s Driving while Impaired law, and drivers should understand what field sobriety tests are, whether they are required, and the implications of not taking them if they are.There are field sobriety tests, and drivers should be aware of them, whether they are required or not, and the consequences of refusing field sobriety tests if required. It’s important to recognize the difference between these types of tests and Georgia’s implied consent law.
The physical drills the officer requests that a driver perform on the side of the road, such as the walk and turn, one leg stand and horizontal gaze nystagmus test, are known as field sobriety tests. These tests are subjective in nature, and provide an officer with visual clues that may be signs of impairment. Alcohol and/or drugs aren’t the only things that can impair balance, coordination and eye movement; fatigue, nervousness, medical conditions, uneven pavement, or improper footwear can cause these issues as well.
In Georgia, field sobriety tests are optional. There is no law that requires a driver to do these exercises, and you don’t have to accept the exercise if you don’t want to—you can refuse to do them and still be subject to a separate penalty for refusing the exercise. This is a different category from chemicals testing, which has a completely different legal structure. One of the reasons people are searching for the best Atlanta DUI Lawyer immediately after their release is that they don’t realize this difference.
Georgia has an implied consent law for chemical tests, such as urine, blood, and breath tests. If you’ve been arrested for DUI, and you were driving a Georgia car, you’ve already agreed to be tested. If a person refuses to take a chemical test after his or her arrest, a separate administrative penalty is imposed on the person by the Department of Driver Services, in addition to any criminal penalties. The refusal to test can result in a longer license suspension than a refusal of field sobriety testing, so a refusal to have a chemical test is more serious than a refusal to perform field sobriety exercises.
Notably, refusal of field sobriety tests does not mean you won’t be arrested. Officers may continue to arrest suspects for other circumstances, including the odor of alcohol, slurred speech, admission made during the stop or erratic driving that resulted in the initial stop. One of the many things that officers can use to show probable cause is a field sobriety test and refusing to perform one doesn’t mean an arrest can’t be made.
Field sobriety tests can be videotaped by the police on a dash camera or by the police body camera, and how they are performed could be an issue later on if it gets to court. Officers learn certain procedures set by the National Highway Traffic Safety Administration, and if they stray from the procedures it can impact the reliability of the results. It is a field in which an Atlanta DUI Attorney, who is knowledgeable about the proper way to conduct testing, can look closely at the tapes and papers to see if there are discrepancies that may not be apparent to anyone else.
DUI attorney James Yeargan of Atlanta, better known as “DUI Jim,” has a unique perspective on this aspect of a case. Prior to entering defense work, he served as a DUI/drug prosecutor in the City of Atlanta and went on to receive training at the Georgia Police Academy where he was certified in field sobriety testing and subsequently was a teacher of that same protocol for officers. This dual experience, as both a prosecutor and an officer of the law, is the type of detail that can be examined in Georgia DUI cases, and it is always a prosecutor’s favorite source of evidence.
Each traffic stop is unique and what happens in the first few minutes of the stop may have ramifications for life after the stop. If you’ve been arrested after performing, or refusing, field sobriety tests, you should contact your Atlanta DUI Lawyer as soon as possible; the facts of the stop are often at the heart of a successful defense.
