Getting pulled over by law enforcement is a nerve-wracking experience, especially if you’re not sure why.
You’ve likely been taught to be respectful of law enforcement and do what they say. So when they ask you to step out of the car to perform a field sobriety test, your first instinct is to comply. But you may want to think twice before accommodating their request.
What are field sobriety tests?
The National Highway Traffic Safety Administration created field sobriety tests to give officers a structured way to assess a driver for impairment. They consist of three standard tests used across many states:
- Horizontal gaze nystagmus (HGN): The officer has you track an object, such as a pen, with your eyes to look for involuntary movement
- Walk-and-turn: The officer asks you to walk heel-to-toe in a straight line, turn and then return walking the same way. While you are doing the test, the officer is testing your ability to follow directions and balance without the use of your arms.
- One-leg stand: The officer asks you to stand on one foot for about 30 seconds while counting out loud.
The officer might also ask you to recite the alphabet, count backward or touch your finger to your nose.
Even though field sobriety tests are commonly used, they have their faults. Several factors can affect your performance, such as:
- Uneven surfaces
- Footwear
- Medications
- Physical conditions
- Age
- Anxiety
Georgia does have an implied consent law. In other words, by obtaining a driver’s license, you automatically agree to comply with any requests for chemical tests (blood, breath or urine). Implied consent does not apply to field sobriety tests. Furthermore, refusing a field sobriety test will not lead to an automatic license suspension.
But your refusal doesn’t mean the officer won’t take further action. They may still require you to submit to a chemical test or arrest you. And, if your case goes to court, your refusal could be used against you.
It’s your choice whether or not to take a field sobriety test. Either way, if you are charged with a DUI, you will want to work with a legal representative. They can challenge the evidence and negotiate with the prosecution for a reduced charge or dismissal.