False Georgia Field Sobriety Tests
Police departments across Georgia use field sobriety tests to determine whether a person will be arrested for driving under the influence. It’s pretty scary if you consider the implications – there are simply no right answers for this test. Why? Field sobriety tests are purely subjective. What’s more, the police officer that pulled you over has the final say in whether you go to jail.
There are three National Highway Traffic Safety Administration (NHTSA) approved field sobriety tests: one-leg stand, walk-and-turn, and horizontal gaze nystagmus. Though these tests have been approved, they are notorious for being inaccurate.
If you have been arrested for DUI after failing a field sobriety test, qualified defense lawyer Frank Gomez can help you. His DUI defense attorneys are familiar with the weaknesses and inaccuracy of field sobriety tests.
A field sobriety test is little more than a subjective observation. These tests are designed to assess both your physical and mental abilities. Unlike a chemical test, such as blood, breath, or urine, these tests are not scientific. The police officer is responsible for scoring your performance based on his or her personal observations. This is problematic, as the police officer may imagine unsteadiness during the walk-and-turn test. Any perceived failure is assumed as intoxication – when it could easily be nervousness, discomfort from driving, fatigue, etc.
Police officers receive training on a set of guidelines for administering a standardized field sobriety test. One of the guidelines is to ensure that conditions are safe for you to perform the test. For example, if it is dark or the ground is wet, the test may produce false results, as well as threaten your safety.
The police officer should demonstrate the test before asking you to perform it as part of their guidelines. If, for example, the police officer wants you to take the one-leg stand test, he or she must show you how to stand and inform you of how long the test will last.
There are many strategies that a DUI defense attorney can use to challenge a field sobriety test. If you have been charged with impaired driving, please complete our form today to discuss your case with veteran Atlanta drunk driving attorney Frank Gomez.
