DUI Stop – Field Sobriety Tests
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests on 07. Dec, 2009 | 0 Comments
Whether or not someone has been drinking, if they are pulled over, in an accident, or stopped at a road block, and suspected of driving under the influence, the police officer WILL almost always ask them to submit to a variety of Field Sobriety Tests (FSTs). These tests are given to test the officer’s suspicions, to “build up” probable cause for a DUI arrest.
You DO NOT have to submit to these tests.
These Field Sobriety Tests have varying degrees of scientific weight, and are mostly gauged subjectively – based on the officer’s “observations.” Remember, if you have been asked to submit to FSTs, the officer probably already suspects you of DUI and is just looking for more probable cause for arrest. And it doesn’t take much…
You may think that you can “pass” these tests and be on your way, but that is rarely the case. On each test, the officer is looking for a minimum number of clues to suggest that you are Driving Under the Influence, and whether or not you’ve been drinking, and however well you think you’ve done on these tests, you may be providing the officer with the “clues” needed for arrest. REMEMBER: You DO NOT have to submit to these tests.
Though there may be legal consequences and license implications for your refusal to submit to Field Sobriety Tests, it is still your right to refuse them, and without results from these tests, it can be difficult and often impossible for the State to convict you of Driving Under the Influence (DUI).
The most commonly administered roadside Field Sobriety Tests (FSTs) include:
- PBT (Preliminary Breath Test)
- HGN (Horizontal Gaze Nystagmus)
- Walk and Turn
- One-Legged Stand
While the tests described above are the most common Field Sobriety Tests a driver might encounter when stopped and suspected by the police of DUI, other tests and lines of questioning may be used.
Contact the experienced Horlick Law Firm to discuss the specifics of your case today!
Georgia DUI Resources & Facts
Posted by Robert Horlick in Georgia DUI Facts, Resources on 06. Dec, 2009 | 0 Comments
Hopefully this website has provided you some clear information and understanding of the laws regarding Driving Under the Influence and the penalties for violating these laws, as they relate to you, your license, and your livelihood. Because a website is no substitute, and should never be, for the informed advice of an attorney, if you have any questions at all about your case, please contact Horlick Law Firm immediately to discuss it with a skilled attorney.
If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.
Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record. While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.
One-Legged Stand
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests, One-Legged Stand on 03. Dec, 2009 | 0 Comments
Though the One-Legged Stand is one of the three Field Sobriety Tests (FSTs) approved in the State of Georgia, it’s results are subjective, and there are many reasons why one might not be able to perform this test to an officer’s satisfaction that have NO RELATION to whether or not that driver was impaired or under the influence of alcohol.
The One-Legged Stand field sobriety test is, like the Walk and Turn, not scientific. It is an opportunity for the officer to observe not only your physical dexterity, but your ability to pay attention to and follow directions. The results are subjective, and, like any and all Field Sobriety Tests (FSTs), you DO NOT have to participate.
Procedure:
The officer will ask you to stand in one place and hold one foot six (6) inches above the ground. While you are holding this foot off the ground, the officer will ask you to count out loud, “in thousands,” until you are told to stop. The officer will tell you that you must keep your eyes on your feet, your arms at your side, and your toes straight while you perform this test.
Clues:
When administering this test, the officer is looking for four (4) clues. He or she is looking to see if you use your arms to stay balanced, if you sway or hop while trying to balance, and if you put your foot down before the officer tells you the test is over. In Georgia, meeting at least two (2) of these criteria can justify an arrest for Driving Under the Influence.
Remember: The officer likely already suspects you of Driving Under the Influence (DUI), and is just looking for more evidence to stack against you. The officer’s initial suspicions may very well affect his or her opinions on whether you performed this test adequately.
Remember, too, that this test is never performed in a vacuum. It must be performed under optimal conditions (the best being a hard, dry, level, unobstructed surface), and essentially expects people of all ages, physical and pre-existing conditions, to perform and be subject to the officer’s unchanging set of standards.
It may be unreasonable to expect a 65-year old man with arthritis to perform as well as a 22-year old ballerina, and the results can be surprising, but nonetheless, the criteria remain the same. As such, the officer’s conclusions are always subject to attack and interpretation by a skilled defense attorney.
Walk and Turn Test
Posted by Robert Horlick in DUI Tests, Field Sobriety Tests, Walk and Turn on 03. Dec, 2009 | 0 Comments
The Walk and Turn Test is one of the three FSTs approved in the State of Georgia (which also include the HGN – Horizontal Gaze Nystagmus – test and the One Legged Stand). If you are in an accident or stopped by the police, suspected of Driving Under the Influence (DUI), and asked to submit to this Field Sobriety Test, you DO NOT have to participate.
If you do, however, keep in mind that the results are subjective.
You may think that if you “pass” the test, you will not be arrested, but that is rarely the case. For one, because the results of the test are not so easily defined as “pass/fail,” and for two, this is just one of the tests that any officer will ask you to submit to. He or she may not tell you how well you did on the test; he will just make his notations and ask you to submit to more.
The officer is looking for a combination of clues (probable cause) that you are Driving Under the Influence (DUI), and will administer as many tests as you agree to take to stack up this supposed evidence before making his or her determination.
The Walk and Turn test is an evaluation not only of your physical dexterity in performing the test, but also in your ability to pay attention to and follow the officer’s directions.
Procedure:
First, the officer will explain the directions and offer a short example of the procedure. You will be asked to take nine heel-to-toe steps forward, pivot in a very particular manner, and take nine heel-to-toe steps backwards to the starting position. The officer will ask you to count each step out loud. He or she is looking for indications that you can follow directions, and that you may be physically impaired (for instance, not counting your steps out loud, taking more or less than nine steps in each direction, using your arms to balance, swaying, not pivoting correctly…).
Missing just two of these criteria can result in arrest in Georgia. However, that doesn’t mean that you are guilty of DUI.
You may just be nervous. You may have a medical condition that makes it impossible to perform this test to the officer’s satisfaction. The belief that you are under the influence is merely one inference that the officer may draw. The results are subjective, and the officer is just looking to stack up probable cause for arrest.
Even ballerinas can fail this test.
