Georgia Field Sobriety Tests are Designed to Fail

Did you know that in the state of Georgia it is optional to take a handheld breath test or a field sobriety test? For example, if you were stopped at a DUI road block and the police officer asked you to step out of your vehicle and perform a field sobriety test, you are legally allowed to politely decline and ask to speak to an attorney. After all, this is your constitutional right.

If you’re wondering why it is in your best interest to decline a field sobriety test, keep reading. It is important for you to understand that these tests are designed to make you fail. In fact, a study conducted 15 years ago at Clemson University revealed some startling information. They uncovered that you must score higher than 98 percent in order to pass two of the standardized field sobriety tests: the Walk and Turn and the One Leg Stand.

The reason for this is that the state is trying to collect evidence against you. This evidence can later be used in court to persuade the judge or jury into believing you were driving under the influence of alcohol. Don’t let this happen to you. Instead, tell the police officer you would like to decline to take the field sobriety test and that you need to call your attorney.

If you’re unsure if you were given a field sobriety test, tell your attorney. A field sobriety test may have been a physical evaluation such as having you balance on one leg or having you walk along an imaginary line. You may have also been given the Horizontal Gaze Nystagmus (HGN). This is when a police officer will ask you to follow a stimulus with your eyes without moving your head. The stimulus is typically a lighted pen and the officer will be looking for any signs of involuntary jerking of your eyes, which can be caused by alcohol consumption. However, there are also medical reasons for a natural nystagmus that you may be suffering from.

The sooner you contact an attorney, the better your chances will be of fighting your DUI charge.

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