Field Sobriety Tests in Georgia
Understanding Your Options & Legal Defenses
If you’ve been pulled over for suspected DUI in Georgia, the officer may ask you to perform field sobriety tests. While these tests are commonly used to determine impairment, they are not always accurate and can be challenged in court. Many people don’t realize that field sobriety tests are voluntary—you have the right to refuse without automatic penalties.
At Garner Law Office, P.C., we defend drivers in Carrollton, Dallas, Hiram, and throughout Georgia who have been arrested for DUI based on field sobriety tests. If you were wrongfully arrested due to an inaccurate or unfair test, we can fight to have your charges reduced or dismissed.
What Are the Standard Field Sobriety Tests?
Georgia law enforcement officers use the Standardized Field Sobriety Test (SFST) battery, developed by the National Highway Traffic Safety Administration (NHTSA). These tests include:
Horizontal Gaze Nystagmus (HGN) Test
The officer asks you to follow a moving object with your eyes (e.g., a pen or flashlight).
The officer looks for involuntary jerking of the eye, which may indicate intoxication.
Walk-and-Turn Test
You must walk heel-to-toe in a straight line, turn, and walk back.
The officer watches for loss of balance, difficulty following instructions, or using arms for stability.
One-Leg Stand Test
You must stand on one leg for 30 seconds while keeping your balance.
The officer looks for swaying, hopping, or putting your foot down early.
These tests are not scientific proof of intoxication—they rely heavily on subjective officer interpretation.
How to Challenge Field Sobriety Test Results in Court
If field sobriety tests were used against you in a DUI case, there are ways to challenge them:
01
Medical & Physical Conditions
Injuries, vertigo, or neurological disorders can make passing these tests impossible.
02
Improper Testing Conditions
Uneven roads, poor lighting, or bad weather can skew results.
03
Officer Misconduct
If the officer failed to follow proper procedures, the test results may be inadmissible.
04
Unreliable Testing Methods
Field sobriety tests are not 100% accurate, and studies have shown high error rates.
Frequently Asked Questions
Do I Have to Take Field Sobriety Tests If I’m Pulled Over?
No! Field sobriety tests are voluntary, and refusing them does not result in an automatic license suspension.
Can I Still Be Arrested If I Refuse Field Sobriety Tests?
Yes. However, without field sobriety test evidence, the prosecution’s case is weaker, making it easier to challenge the charges.
What If the Officer Said I “Failed” the Test?
Field sobriety test results are highly subjective. If the officer misinterpreted your actions or conducted the test incorrectly, the results can be challenged in court.
Can I Refuse a Breathalyzer Test Too?
Refusing a breathalyzer test after arrest can result in an automatic 12-month license suspension under Georgia’s Implied Consent Law. However, refusing a preliminary breath test (PBT) before arrest does not carry penalties.
What Should I Do If I’ve Been Arrested for DUI?
Stay calm, exercise your right to remain silent, and contact a DUI defense attorney immediately. Do not admit guilt or agree to field sobriety tests without speaking to a lawyer.