How Field Sobriety Tests Can Be Challenged In A Georgia DUI Case
As a DUI attorney in Marietta, I’ve worked with many clients who were arrested based on field sobriety tests alone. These tests are often presented in court as reliable indicators of impairment. But in reality, they can be flawed, misinterpreted, or even administered incorrectly. If you’ve been charged with DUI in Georgia, it’s important to understand that field sobriety tests are not always as accurate or fair as police and prosecutors claim. And you have the right to challenge them in court.
Field sobriety tests are voluntary in Georgia. That means you are not legally required to perform them during a traffic stop. Most people don’t realize that when they agree to walk heel-to-toe on the side of the road or balance on one leg, they’re giving officers more evidence to use against them. These tests are not scientific. They rely heavily on the officer’s opinion. And in many cases, that opinion is formed before the test even begins.
Georgia law, specifically O.C.G.A. § 40-6-391, prohibits driving under the influence of alcohol or drugs to the extent it makes you less safe to drive. Field sobriety tests are used by law enforcement to support their claim that you were “less safe.” But these tests are not foolproof. They can be impacted by medical conditions, nerves, poor lighting, bad weather, or uneven surfaces. That’s why challenging them is such an important part of defending against DUI charges.
What Are The Standard Field Sobriety Tests?
The most common field sobriety tests are the Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One-Leg Stand. These are the three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA). Each one is designed to look for specific signs of impairment, but they all rely on the officer’s subjective interpretation.
In the HGN test, the officer asks you to follow a moving object with your eyes. They look for involuntary jerking of the eye, which they believe increases with intoxication. The Walk and Turn and One-Leg Stand test your ability to follow instructions while performing tasks that require coordination. If you step off the line, raise your arms for balance, or lose count, the officer may mark it as a sign of impairment, even if your mistakes had nothing to do with alcohol.
How We Challenge Field Sobriety Tests In DUI Cases
At The Mazloom Law Firm, LLC, we examine every detail of the stop, the testing, and the arrest. First, we determine whether the officer had legal grounds to stop your vehicle. Under Georgia law, an officer must have reasonable, articulable suspicion of a traffic violation or criminal activity to initiate a stop. If the stop itself was unlawful, any evidence collected after that point can potentially be suppressed.
Next, we focus on how the field sobriety tests were administered. Officers must be trained to perform these tests correctly, according to NHTSA guidelines. If they skipped a step, gave unclear instructions, or failed to account for your physical condition, their conclusions may be unreliable. For example, a person with back pain, balance issues, or even poor footwear can fail the One-Leg Stand, even if they haven’t had a single drink.
We also examine video evidence. Many DUI arrests in Georgia are recorded on dash cams or body cams. These videos often tell a different story from what’s written in the officer’s report. If your performance on the field sobriety tests looks steady and controlled, we can use that footage to challenge the officer’s claims and cast doubt on their conclusions.
Medical And Environmental Factors Matter
Not every person is physically capable of performing field sobriety tests. If you’re older, overweight, have a disability, or are recovering from an injury, your results can be misleading. Even anxiety and roadside distractions, such as flashing lights, passing cars, or uneven pavement, can throw off your balance or concentration.
We use medical records, expert testimony, and your personal health history to explain why your test performance might have been affected. It’s our job to show the court that these tests don’t always mean you were impaired, they simply reflect the conditions of the moment.
Field Sobriety Tests Are Not Required By Law
One of the most important things to remember is this: you do not have to take field sobriety tests. In Georgia, refusing these tests cannot be used against you in court. Unlike refusing a chemical test (which can lead to license suspension), saying no to field tests does not carry any automatic penalties. If you were pressured into performing them or weren’t told they were optional, we may be able to challenge the admissibility of the test results.
Georgia DUI Frequently Asked Questions
Can I Refuse Field Sobriety Tests Without Losing My License?
Yes. Field sobriety tests are voluntary under Georgia law. Refusing them will not result in an automatic license suspension. However, refusing a chemical test like a breathalyzer or blood draw after arrest can trigger penalties under the implied consent law.
Are Field Sobriety Tests Always Accurate?
No. These tests are subjective and often unreliable. Factors like fatigue, anxiety, physical limitations, weather, and poor road conditions can all affect your performance. That’s why we challenge how the test was conducted and whether it truly showed impairment.
What If I Failed The Tests But Passed The Breathalyzer?
If you passed the breath test but were arrested based on field sobriety tests, we can argue that your arrest was not supported by valid evidence. A clean breath test undermines the claim that you were impaired. We use this to push for a dismissal or reduction of charges.
Can A Medical Condition Cause Me To Fail A Field Sobriety Test?
Yes. Many medical conditions, such as vertigo, joint problems, or neurological disorders, can affect balance and coordination. These conditions can easily cause someone to appear impaired when they are not. We use medical documentation to show the court that your performance had nothing to do with alcohol or drugs.
Is The Officer Required To Tell Me The Tests Are Optional?
No. Officers are not required to inform you that field sobriety tests are voluntary. However, this lack of information can be used to argue that your participation was not fully informed, especially if you were pressured or intimidated into taking them.
What Role Does Video Evidence Play In Challenging These Tests?
Video footage can be powerful in DUI defense. It allows us to compare what actually happened to what the officer reported. If the video shows that you followed directions and performed reasonably well, we can use that to question the officer’s judgment and reliability.
Can These Tests Be Thrown Out In Court?
Yes, under certain circumstances. If the tests were not administered properly, if the officer was not qualified, or if your rights were violated during the stop, we can file motions to suppress the test results. This can weaken the prosecution’s case significantly.
Call The Mazloom Law Firm, LLC To Challenge Your Georgia DUI Arrest
If you were arrested for DUI in Georgia based on field sobriety tests, you may still have a strong defense. At The Mazloom Law Firm, LLC, we understand how these tests work, and more importantly, how they fail. We fight aggressively to challenge every step of the prosecution’s case and protect your rights at every stage.
We serve clients in Marietta, Atlanta, and across Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. To receive a free consultation, call our Marietta DUI defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837.
