How to Challenge Field Sobriety Tests in a Georgia DUI Case
How to Challenge Field Sobriety Tests in a Georgia DUI Case
When someone is pulled over for suspected drunk driving in Georgia, officers often use field sobriety tests (FSTs) as part of their investigation. These tests—such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus—are intended to measure coordination, balance, and focus. However, they are not always accurate indicators of impairment. If you were charged with DUI after taking a field sobriety test in Atlanta, there may be grounds to challenge the validity of those results.
Common Issues with Field Sobriety Tests
Field sobriety tests are not foolproof. In fact, many factors unrelated to alcohol consumption can affect performance, including:
- Medical conditions: Inner ear problems, neurological conditions, or even anxiety may impact balance or coordination.
- Environmental factors: Poor lighting, uneven pavement, or bad weather can make it difficult to perform the tests correctly.
- Officer error: If the officer failed to give proper instructions or deviated from standardized procedures, the results may be unreliable.
- Physical limitations: Age, weight, or injuries can affect how a person performs, regardless of sobriety.
Legal Grounds for Challenging FSTs in Georgia
A defense attorney may challenge the use of field sobriety tests in several ways, including:
- Questioning Reliability: Highlighting that these tests are not scientifically accurate enough to prove impairment beyond a reasonable doubt.
- Cross-Examining the Officer: Pointing out inconsistencies in the officer’s instructions, observations, or testimony.
- Presenting Alternative Explanations: Showing that physical or environmental factors explain why the test appeared to be failed.
- Excluding Evidence: In some cases, a judge may decide the FST results are inadmissible if procedures were not followed properly.
Why Legal Help is Important
DUI charges in Georgia carry serious penalties, including fines, license suspension, and possible jail time. Because field sobriety tests are subjective and often flawed, challenging them may be a critical part of your defense. At The Lopes Law Firm, we provide legal assistance to individuals in Atlanta facing DUI charges and work to ensure that unreliable evidence is not unfairly used against them.
