Why Avoid a Field Sobriety Test

Home » Blog » Why Avoid a Field Sobriety Test

Driving under the influence causes a lot of unwanted incidents. Therefore, to protect citizens, the government of Georgia made roadside standardized field sobriety tests (SFSTs) mandatory. These simple tests are done to assess sober and drunk drivers. Nowadays, the test is far simpler than it ever was. With quick testing methods, an officer can decide within minutes, whether a person is under the influence or not. However, none of these tests are mandatory. They are optional and avoidable. Having a good Georgia DUI lawyer can save you from unwanted testing and suspicions. Sometimes, things get complicated, but having a good lawyer by your side can make matters easier.

According to reports, in 2019, there were 10, 142 deaths from drunk driving crashes. Each year the number increases, and so does the number of fatalities. In such circumstances, the only thing that authorities can do is increase the number of DUI tests. Still, not everyone should undergo these tests. If you are clean, then you have every reason to protest. Especially against the eye test and balance test. Here are some common reasons why a person should avoid sobriety tests.

A Georgia DUI Lawyer Explains Why to Avoid a Field Sobriety Test:

First of all, it’s important to know why Georgia DUI lawyers think field sobriety tests should be avoided. The top reasons are as follows:

  • There is No Penalty for Avoiding These Tests:

If you disagree with these tests, then no one can make you do them forcefully. They are termed voluntary and optional.

  • Evaluation is Non-Scientific:

Various steps and procedures carried out under these tests are not scientific.

  • Eye Disease:

People with congenital nystagmus or other eye diseases should not go for these eye tests. Even if they have not consumed alcohol, they could fail the test due to their medical condition. An individual with such conditions is a much more sensitive test subject.

  • Inadequate Screening Protocols:

Officers know of specific procedures regarding field sobriety tests. If four or more horizontal gaze nystagmus test clues are visible, then an arrest can be made. However, their training doesn’t involve additional questioning. So, nobody tries to dig for information that could lead to inconsistent results.

  • The Officer is Not Medically Trained:

No matter how easy a process might be, but without proper training, no one is allowed to carry out that procedure. Likewise, if the officer on duty is not medically trained, you should not agree to a sobriety test. An amateur and untrained person can conduct the test in the wrong way leading to inaccurate results.

  • Failure to Follow Steps:

A large percentage of officers conducting sobriety tests do not consider the surrounding conditions. The lighting, distractions, and environmental factors must all be taken into account before performing any test. If someone isn’t following these tips, then don’t agree to the test.

  • Forensically Unreliable:

Actual doctors and Ph.D. psychologists have labeled police use of HGN as forensically unreliable. So, these cannot be used as primary evidence in DUI cases. One can say that these tests are useless in gaining a DUI conviction.

  • Every Person Has Different Attention Spans:

Walking and turning around evaluation requires a different attention span than one-leg stand tests. Every person does not have the same hearing capacity, and their reflexes also differ. Some people take more time to process verbal instructions. Therefore, these tests are unfair to people who are slow at processing information.

These eight reasons can make you eligible for refusing such roadside tests. If you believe the matter is getting out of your hand, immediately contact a DUI lawyer in Georgia. They will protect your rights. Even if you are unaware of the rules and regulations regarding sobriety tests, an experienced lawyer can make you well aware. The NHSTA acknowledges the fact, that sometimes sober people are also labeled over the legal limit. Thus proving the inconsistent nature of the one-leg stand, HGN, and walk and turn test.

Hire the Best Georgia DUI Lawyer:

At our firm, you will find experienced and seasoned Athens DUI lawyers. They can easily cross-examine officers and check whether the testing is accurate or not. If you or your loved one has been taken into custody due to suspicion of DUI, immediately contact our attorneys. We will not only evaluate your case but also make sure that you do not suffer any maltreatment. There is a chance that either the test was incorrect or flawed, so don’t hesitate to call us at the time of need. Our team is here for you 24/7. All you need to do is, set an appointment with our firm.

Let's get started with your FREE consultation.






From The News Archive