Challenging DUI Field Sobriety Tests in Georgia

DUI Field sobriety tests (FSTs) are widely used by law enforcement in Georgia when investigating DUI offenses. The problem is that the tests are notoriously inaccurate, subjective, and may prove very little.

With solid legal guidance, DUI charges based heavily on the results of FSTs can be successfully fought.

Let’s find out more about the main field sobriety tests used in Georgia and how to challenge these highly questionable assessments of a driver’s impairment.

Georgia employs three main DUI field sobriety tests for drivers who are pulled over and suspected of impairment from intoxication:

1. The horizontal gaze nystagmus test (HGN test)
2. The walk-and-turn test
3. The one-leg stand test

These tests are generally performed before a chemical test, such as a breathalyzer. Based on the results of the DUI field sobriety tests, law enforcement may ask the driver to take a chemical test, which cannot be legally refused, without significant repercussions to your license.

However, there are several common issues with FSTs, each of which can form the basis of legal challenges to DUI charges.

The main weakness associated with FSTs—which are used as evidence of alcohol intoxication—is false positives: factors unrelated to alcohol consumption often produce positive results. These factors include:

• Medical conditions: Medical issues like inner ear problems, neurological conditions, or anxiety—or the medications taken for many such conditions—can impact balance or coordination, which are key metrics of the tests.
• Environmental factors: Poor lighting, uneven pavement, windy weather, or slippery roads can disrupt tests and impact performance.
• Physical limitations: Some people are hampered by age, weight, injury, or other physical impairments when performing these tests.
• Officer error: Poorly trained police officers may not provide clear instructions or follow standard procedures, leading to unreliable results.

A seasoned DUI defense lawyer may employ one of several legal grounds to challenge the results of field sobriety tests, introducing “reasonable doubt” against the claims made.

Typically, one of the following arguments will be used:

• Poor reliability: The tests are not accurate enough to prove impairment beyond a reasonable doubt (most effective as a defense if other DUI tests performed on the suspect are also questionable).
• Inconsistent officer testimony: The arresting police officer is generally the main prosecution witness in a DUI case. During cross-examination by the defense, inconsistent responses from the officer (or inconsistencies in the instructions provided or observations made during the investigation and arrest) can be used in your defense.
• Alternative explanations for test results: Physical or environmental factors, like medical conditions/injuries/fatigue or slippery road conditions/bad weather/poor lighting, influenced the results of the tests.
• Video evidence contradicts the officer’s assessment: Many law enforcement vehicles in Georgia are equipped with dashcams, and officers often wear body cameras. This footage, accessed by your lawyer, can sometimes contradict police reports.
• Evidence should be excluded: Tests in Georgia must be performed in line with the standard procedures set by the National Highway Traffic Safety Administration (NHTSA). If a judge decides that the FST results are inadmissible due to an officer’s failure to follow correct procedures, the prosecution’s case will be severely weakened.
• Lack of probable cause for a stop: If the traffic stop was unlawful, due to a lack of probable cause (such as a traffic violation), all of the evidence gathered afterward can be dismissed by a judge.

During a horizontal gaze nystagmus test, the driver is asked to look at a “stimulus” or object (usually a pen) and track it. The officer will check eye movement and assess whether there is a “nystagmus” or a jerking/shaking movement of the eyeball, which could be an indication of intoxication, but it could also be due to other factors.

How to challenge an HGN test

If the officer who conducted the test has not been properly trained or performs the test incorrectly, the results can be mistakenly interpreted. This can be challenged in court.

The walk-and-turn test

The walk-and-turn test is commonly used in Georgia. An officer will instruct the driver to take nine heel-to-toe steps in a straight line forward. The driver must then turn around and take the same nine steps back.

During the test, the officer will check the driver for signs of wobbling, a lack of balance, unexplained movements, a failure to follow instructions, or the inability to count. Based on observations, the conclusion might be that the driver is intoxicated.

How to challenge a walk and turn test

False positives often result from this test, especially with overweight, elderly, injured, or sick individuals. This test can be challenged if we can prove any of these factors impaired your performance in the test or if proper instructions were not provided.

One-leg stand test

The one-leg stand test is another commonly used DUI field sobriety test. During this test, the driver must stand on one foot for 30 seconds, with hands at the sides. If the driver cannot achieve this, the conclusion from the police officer may be that he/she is intoxicated.

How to challenge a one-leg stand test

The truth is that many people struggle to stand on one leg because of balance, obesity, age, injury, medical conditions, or other factors. Presenting evidence of this in court can add significant doubt to the “positive” result in the test.

Field sobriety tests are voluntary under Georgia law, so no automatic license suspension will result for a DUI test refusal. That is not the case, however, if a driver refuses a chemical test like a breathalyzer or blood draw after arrest. Under Georgia’s implied consent laws, drivers will lose their license if they refuse such tests.

A “clean” breath test generally undermines the claim from DUI field sobriety tests that a driver was impaired, and your lawyer will argue that you were not intoxicated, often resulting in case dismissal.

Yes, some medical conditions can affect balance and coordination, which is assessed during field sobriety tests. A driver who suffers from vertigo, joint problems, an inner ear infection, or neurological disorders, for instance, may fail one or more of the tests due to apparent impairment. The appropriate medical documentation can back up your claim of a medical condition in your defense.

Yes, under certain circumstances and with the appropriate legal arguments made by a criminal defense lawyer, field sobriety tests can be dismissed by a judge. This is usually due to a poorly administered test, an unqualified officer, or a violation of rights during the investigation against a suspect.

If you’ve been charged with DUI in Morgan County, Georgia, speak to a criminal defense lawyer from Michael Fulcher Law, LLC. We’ll outline your legal options and help you navigate the court system. Contact us for a free consultation or call us at 706-438-1555.