Standardized Field Sobriety Testing

            These days it seems like everyone knows someone who has been charged or convicted of driving under the influence (DUI). Drinking and driving is bad, nobody would argue otherwise, but how do you know if you are safe to drive? In Georgia, police officers will use field sobriety tests to determine if a suspect is under the influence.

            Standardized field sobriety testing (SFST) is complicated; and often, people do not understand their rights during field sobriety tests. Further complicating the process, many officers in Georgia do not fully understand field sobriety testing either. Having sat through the official class Georgia uses to train their officers on standardized field sobriety, I know first hand the intricacies of SFST and that many officers are not the experts they purport to be.

            Field sobriety tests were designed by the National Highway Traffic Safety Administration to assist law enforcement in estimating a person’s blood alcohol concentration level. These field sobriety testing methods were adopted by Georgia in 1995, so there are still active officers who were never subjected to the training, having been grandfathered in. It is important to remember that these SFST cannot prove beyond a reasonable doubt, the standard in Georgia misdemeanors, that a person is intoxicated beyond the legal limit of .08.

            There are three components to the SFST: horizontal gaze nystagmus (HGN); walk and turn (WAT); and one leg stand (OLS). Officers use these tests to estimate a suspect’s blood alcohol concentration by the clues that are observed during the instruction and administration of the tests. The first test, HGN, is the only scientific test. HGN tests the involuntary jerking of the eyeballs which can be associated with intoxication from alcohol and certain drugs. On the other hand, the WAT and OLS tests are not scientific. These tests are physical tests that require a suspect to listen to instructions and perform a physical act. With all these tests, officers are observing for clues, and if a certain number of clues is met per test, the officer can infer that someone is under the influence.

            Field sobriety in Georgia is daunting because citizens are at the mercy of an officer’s understanding, mastery, and administration of the tests. Anyone who has seriously prosecuted DUIs will attest to the fact that even the best officers can see false positives when it comes to SFST. These false positives can land you in jail and cost you thousands of dollars and countless other consequences.     

            With so much on the line, it is important to have the right attorney. There are lots of criminal defense attorneys in Atlanta, but it is important to get an Atlanta DUI defense attorney to help when you or a loved one are charged with such a serious crime. We have the right experience and expertise to help you make sense of your DUI and your potential defenses. Call us today at 770-881-8081 to schedule a consultation.