Challenging Field Sobriety Tests in Georgia DUI Cases

Challenging Field Sobriety Tests in Georgia DUI Cases

Field sobriety tests (FSTs) are among the most commonly used tools by law enforcement officers in Georgia when investigating suspected drunk driving. However, these tests are far from infallible. They are subjective, prone to error, and can be influenced by a wide range of factors that have nothing to do with alcohol impairment. At J. Lee & Associates Law Group in Norcross, Georgia, our criminal defense attorneys have extensive experience challenging field sobriety test results in DUI cases throughout Gwinnett County, Fulton County, and the greater Atlanta metropolitan area.

Understanding Field Sobriety Tests in Georgia

Under Georgia's DUI statute, O.C.G.A. § 40-6-391, it is unlawful to drive or be in actual physical control of a vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive, or with a blood alcohol concentration (BAC) of 0.08 grams or more. Officers use field sobriety tests as one method to establish probable cause for a DUI arrest.

The National Highway Traffic Safety Administration (NHTSA) has standardized three field sobriety tests, which are the only tests that have been subjected to scientific validation studies:

• Horizontal Gaze Nystagmus (HGN): The officer observes the driver's eyes as they follow a moving stimulus, such as a pen or finger. The officer looks for involuntary jerking of the eye, which can indicate alcohol impairment.
• Walk and Turn (WAT): The driver is instructed to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. The officer watches for eight specific indicators of impairment.
• One Leg Stand (OLS): The driver must stand on one leg with the other foot raised approximately six inches off the ground while counting aloud for 30 seconds. The officer observes four clues of impairment.

Why Field Sobriety Tests Are Unreliable

Despite their widespread use, field sobriety tests have significant reliability limitations that experienced DUI defense attorneys can exploit. Even under ideal conditions, NHTSA's own research shows that these tests are far from perfect:

• The HGN test has an accuracy rate of approximately 77%.
• The Walk and Turn test has an accuracy rate of approximately 68%.
• The One Leg Stand test has an accuracy rate of approximately 65%.
• When all three tests are combined, the overall accuracy rate is approximately 82%, meaning that nearly one in five people who fail all three tests may not actually be impaired.

These statistics mean that field sobriety tests produce false positives at an alarming rate. A person who is completely sober can fail these tests for reasons entirely unrelated to alcohol consumption.

Factors That Can Cause False Failures

Numerous physical, medical, and environmental factors can cause a sober person to perform poorly on field sobriety tests:

Physical and Medical Conditions

• Inner ear disorders: Conditions affecting the vestibular system directly impact balance and can cause failures on the Walk and Turn and One Leg Stand tests.
• Back, leg, knee, or ankle injuries: Any musculoskeletal condition affecting the lower body can impair balance and coordination.
• Obesity: Individuals who are 50 or more pounds overweight may have difficulty performing balance tests, and NHTSA acknowledges this limitation in its training materials.
• Age: Individuals over 65 may have natural declines in balance and coordination that are unrelated to impairment. NHTSA guidelines note that the standardized tests are less reliable for older individuals.
• Neurological conditions: Multiple sclerosis, Parkinson's disease, neuropathy, and other neurological disorders can affect eye movement, balance, and coordination.
• Eye conditions: Certain eye conditions, medications, and even contact lenses can cause nystagmus that is unrelated to alcohol consumption, directly affecting HGN test results.

Environmental and Situational Factors

• Road surface conditions: Tests administered on uneven, sloped, gravel, or wet surfaces are inherently less reliable. NHTSA requires a reasonably dry, hard, level, and nonslippery surface.
• Lighting: Poor lighting conditions, particularly flashing police lights, can affect a driver's ability to perform tests and an officer's ability to observe accurately.
• Weather: Wind, rain, cold temperatures, and other weather conditions can significantly impair performance on balance tests.
• Footwear: High heels, boots, sandals, and other footwear can make balance tests extremely difficult. While officers should offer the option to remove shoes, many fail to do so.
• Nervousness and anxiety: Being pulled over by police and subjected to testing on the roadside is inherently stressful. Anxiety can affect motor skills, cognitive function, and the ability to follow complex instructions.
• Traffic distraction: Performing tests on a busy roadside in Gwinnett County or along Interstate 85 creates distractions and safety concerns that can affect performance.

Officer Administration Errors

For field sobriety test results to have any evidentiary value, the tests must be administered in strict compliance with NHTSA protocols. Common officer errors include:

• Failing to provide proper instructions before each test.
• Failing to demonstrate the tests correctly.
• Administering tests on an improper surface.
• Failing to ask about medical conditions or physical limitations that could affect performance.
• Adding non-standardized tests or clues not recognized by NHTSA.
• Subjective or biased interpretation of test performance.
• Inadequate training or lapsed certification in NHTSA standardized procedures.

Under O.C.G.A. § 40-6-392, which governs chemical testing in DUI cases, and the broader evidentiary framework of O.C.G.A. § 24-7-702 regarding expert testimony, your attorney can challenge whether the officer's FST administration met the scientific and procedural standards necessary for the results to be admissible.

Legal Strategies for Challenging FST Results

At J. Lee & Associates Law Group, we employ several strategies to challenge field sobriety test evidence in Georgia DUI cases:

• Motion to suppress: If field sobriety tests were the primary basis for probable cause and the tests were improperly administered, we can file a motion to suppress the arrest and all evidence obtained as a result.
• Cross-examination of the arresting officer: We thoroughly examine the officer's training records, administration of the tests, and interpretation of results to expose errors, inconsistencies, and deviations from NHTSA protocols.
• Expert testimony: We retain qualified experts who can testify about the limitations of field sobriety tests, medical conditions that affect test performance, and NHTSA standards.
• Dashcam and body camera footage: Video evidence often tells a different story than the officer's written report. We obtain and analyze all available video to identify discrepancies.
• Medical records: We gather documentation of any physical or medical conditions that could explain poor FST performance independent of alcohol impairment.

Your Right to Refuse Field Sobriety Tests in Georgia

It is important to understand that field sobriety tests are voluntary in Georgia. Unlike chemical tests (breath, blood, or urine), which carry implied consent penalties under O.C.G.A. § 40-5-67.1, there is no legal penalty for refusing to perform field sobriety tests. However, officers are not required to inform you of this right, and many drivers submit to testing without realizing they could decline.

If you have already been arrested based on FST results, the experienced DUI defense team at J. Lee & Associates Law Group can evaluate your case and develop a strong defense strategy. We regularly appear in Gwinnett County State Court, Fulton County State Court, DeKalb County State Court, and municipal courts throughout the Atlanta area.

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