Understanding a Failed Field Sobriety Test in Carrollton, Georgia

Many DUI cases in Carrollton, Georgia begin with an otherwise routine traffic stop. That is, a police officer observes a driver committing some minor traffic infraction; the officer then pulls the driver over to issue them a ticket. Normally, this stop only lasts as long as is necessary to issue the citation.

If, however, the officer develops a “reasonable suspicion” of drunk or impaired driving during their brief interaction with the driver, the officer may extend the stop to conduct a further investigation.

This investigation may include the officer’s request that the driver take one or more field sobriety tests. Although these tests are not scientific measures of a person’s intoxication or impairment level, they nevertheless may provide the officer with sufficient “probable cause” to arrest the driver on suspicion of DUI.

What Are Field Sobriety Tests?

The National Highway Traffic Safety Administration (NHTSA) developed the Standardized Field Sobriety Test program, ostensibly to train law enforcement officers in identifying potential drunk drivers. There are currently three Standardized Field Sobriety Tests commonly used here in Carrollton, Georgia, and throughout the country. These are:

1. Horizontal Gaze Nystagmus (HGN): The HGN is where a police officer instructs the suspect to follow an object, usually a pen, with their eyes. The officer must place the object roughly 12 to 15 inches in front of the driver’s face before moving it side-to-side. The officer is looking to see whether there is any involuntary “jerking” of the driver’s eyes, which can suggest a reduced degree of control of their eye movements due to intoxication or drug-related impairment. There are six specific “clues” the officer is looking for. The presence of any 4 clues means the suspect failed the test.
2. Walk and Turn: This is a test of the suspect’s ability to maintain divided attention. The officer will instruct the suspect to take nine heel-to-toe steps along an imaginary straight line. At the end of the”line,” the suspect must turn on one foot and walk back the same way they came. The officer is looking for 8 specific clues in this test, such as whether the suspect cannot maintain their balance or takes an incorrect number of steps. Just 2 out of the 8 clues means the suspect failed the test.
3. One-Leg Stand: This is another divided-attention test. Here, the officer will ask the suspect to stand on one leg while holding the other leg at least 6 inches off the ground for 30 seconds. The officer is looking for 4 specific clues, such as whether the suspect puts their foot down too soon or sways while attempting to maintain balance. Just 2 out of the 4 clues means the suspect failed the test.

What Happens If You Fail a Sobriety Test?

Failing at one of the field sobriety tests may give the police officer “probable cause” to justify arresting the suspect on suspicion of DUI under Georgia law. That does not mean, however, that a conviction is guaranteed. Field sobriety tests are notoriously unreliable as actual evidence in a criminal trial. An experienced Carrollton DUI lawyer is often able to challenge a failed field sobriety test on several grounds, including:

• The officer failed to perform the tests by the NHTSA’s guidelines.
• The officer failed to consider how the suspect’s physical or mental condition may have contributed to the failed test.
• The test itself is unreliable.

Keep in mind that even if the results of a failed field sobriety test are admitted at trial, a jury is free to disregard such evidence as unreliable.

Can You Refuse a Field Sobriety Test in Carrollton, Georgia?

Given their overall subjectivity and lack of reliability, can you simply refuse to take a field sobriety test? Can such a refusal be used against you as evidence in a criminal DUI trial?

You can refuse such testing. There is often a good deal of confusion on this point due to Georgia’s implied consent law, which imposes certain penalties against a suspected drunk driver who refuses a chemical (breath, blood, or urine) test following a DUI arrest. Under Georgia law, refusing a chemical test may be used against you at trial. But there is no similar rule for refusing a field sobriety test. Indeed, in a 2022 decision, Ammons v. State, the Georgia Supreme Court held that the constitutional right against self-incrimination extends to refusing a field sobriety test.

Contact a Carrollton, Georgia Field Sobriety Test Lawyer Today

A failed field sobriety test is not the end of the world. But it is something you need to take seriously if it leads to your arrest on drunk driving charges. Our Carrollton DUI lawyer can advise you of your rights and assist you in preparing a defense. Call Moffitt Law, LLC, today at 762-200-2924 to schedule a free consultation.