Inaccurate Georgia Field Sobriety Tests
Remember writing those dreaded term papers in school? Unlike a math test where the answer was either right or wrong, your grade was left solely in the hands of the teacher. In other words, your test results were more subjective than 100% accurate. Field sobriety tests work in almost the same way.
While the National Highway Traffic Safety Administration (NHTSA) has approved three field sobriety tests (horizontal gaze nystagmus, one leg stand and walk and turn), they can be inaccurate at times. If you believe you failed your field sobriety test because you were at the mercy of law enforcement, the Webb Law Firm can help.
Our dedicated DUI defense attorneys understand from experience that field sobriety tests cannot always determine whether or not a person has been driving under the influence at or above Georgia’s legal limit of .08%. These tests can only help law enforcement officers reassure their suspicions that you have been drinking or driving.
If the NHTSA has approved three field sobriety tests, how can they be inaccurate?
Remember, a field sobriety test is an observation. Police officers test your physical abilities as well as your ability to listen. Unlike a breath test (which can also have problems) a field sobriety test is not scientific. Police will be scoring your performance based on their observations and set guidelines. If they believe you stumbled when you simply have a physical condition that prevents you from walking completely straight, they may assume you have been drinking and driving.
Police officers in Georgia must also follow certain rules when administering field sobriety tests. They must always demonstrate how they expect you to conduct the field sobriety test. For example, if they request you to perform the one leg stand test, they must first instruct you on how to stand, the amount of time the test will last and other facts.
Police must also ensure that you are performing the test in safe conditions. If you are on a hill, a curve, if it’s too dark or if it’s slippery, this can have negative and dangerous results.
There are many defenses to your field sobriety test, so please contact the Webb Law Firm right away.