Field Sobriety Tests and DUI Charges

Roswell DUI Attorney

Field Sobriety Tests (FST) are typically used by law enforcement officers in Georgia to prove that a driver is too impaired by alcohol to safely drive. The NHTSA (National Highway Traffic Safety Administration) had advised law enforcement agencies of three tests which it considers relatively capable of identifying a person with a BAC of.10. It also admits that such tests may be accurate only 67% of the time. These tests are usually conducted on a roadside with traffic roaring past. Even a person who has had nothing to drink might fail one of these tests. If you have been arrested after submitting to an FST, contact a Roswell DUI attorney immediately. Our legal team is available to defend drivers in the Alpharetta, Sandy Springs, Johns Creek, Dunwoody, Marietta, Forsyth County or Cherokee County areas.

DUI Lawyer in Roswell

Unfortunately many drivers think they must take part in these tests. Truthfully the tests are strictly voluntary and you are advised to protect your rights and refuse. There are actually only three tests which have been studied and recommended by the NHTSA. These are the “one leg stand”, the “walk and turn” and the “Horizontal Gaze Nystagmus (HGN)” tests. Nystagmus means “jerking motion of the eye”. One of the many flaws in these tests is that they are seldom administered correctly. Another is whether the person passes or fails is based on the officer’s opinion. A seasoned DUI defense lawyer at our firm is knowledgeable in the correct testing procedures and how to challenge the officer’s qualifications and the alleged test results.

Prosecutors rely heavily on the officer’s statement that the driver failed the FST and on the BAC from breath or blood tests. An experienced DUI lawyer at our firm will work to prove the test results are sufficiently unreliable that the court decides this “evidence” is inadmissible. Call The Sherman Law Group for an immediate consultation if you were arrested for DUI and were subjected to field sobriety tests prior to your arrest.