Can I Refuse to Do a Field Sobriety Test?

What Happens When a Police Officer Stops You for Suspicion of DUI in Georgia?

When a police officer stops you for suspicion of a DUI offense in Georgia, the encounter typically follows a structured procedure.

Initially, the officer will observe your behavior, noting any signs of impairment, such as slurred speech, the smell of alcohol, or erratic driving. You will likely be asked for your driver’s license, registration, and proof of insurance. The officer may ask you a few questions to gauge your mental state and responsiveness.

If the officer suspects impairment, you may be asked to step out of your vehicle to perform roadside field sobriety tests. Depending on the outcome of these tests, the officer may request a breathalyzer or blood test to measure your blood alcohol content (BAC).

If asked to take a field sobriety test, you can politely refuse to complete it or request to speak with your DUI lawyer. Even if there aren’t legal consequences to refusing field sobriety tests, it can sometimes affect the outcome of your case.

However, refusing the breathalyzer in Georgia can result in an automatic license suspension under the state’s implied consent laws. If the officer determines probable cause, you could be arrested for DUI and taken to a police station for further testing and booking.

Types of Field Sobriety Tests

Field sobriety tests are designed to assess a driver’s physical and cognitive abilities to determine impairment.

The three standardized field sobriety tests used in Georgia, as in many other states, include the Horizontal Gaze Nystagmus test (HGN), the Walk-and-Turn test, and the One-Leg Stand test.
The HGN test involves following an object with the eyes to detect involuntary jerking movements, which can indicate intoxication.

The Walk-and-Turn test requires the individual to walk heel-to-toe along a straight line, turn on one foot, and return in the same manner—this assesses balance and the ability to follow instructions.

Lastly, the One-Leg Stand test involves standing on one leg for about 30 seconds, testing balance and focus.

These tests are subjective, and various factors, such as medical conditions or even footwear, can affect performance. The National Highway Traffic Safety Administration (NHTSA) claims these tests are around 77% accurate in detecting impairment.

Your Right to Refuse to Complete a Field Sobriety Test

Georgia has laws that protect individuals against compelled self-incrimination. This protection allows individuals to refuse to do certain things or provide evidence or statements that may incriminate them in criminal proceedings. Field sobriety tests are incorporated into this protection because the results may be used to prove your guilt.

How Can You Handle Your Refusal Matters?

When subjected to a field sobriety test, you can politely decline the test without being rude. Maintaining a polite and respectful attitude can minimize potential negative consequences. Remember that if you refuse field sobriety tests, you may be subjected to a chemical test to check your blood alcohol level. This may also lead to a possible arrest or revocation of your driver’s license.

On the other hand, being rough can affect the law enforcement officer’s judgment and the subsequent legal process. Your aggressive behavior may be documented and used against you in court, potentially weakening your defense.

Is It Better to Accept or Decline to Take a Field Sobriety Test?

It can be better if you refuse to participate in field sobriety tests. These tests are mostly considered unreliable. Failing field sobriety tests is easy, even if you are not intoxicated. A few reasons for failing these tests include:

• Nervousness and anxiety
• Lack of familiarity
• Physical or medical conditions
• Intimidation or stress
• Fatigue and exhaustion

Can Field Sobriety Tests Be Invalidated if You Did Not Agree to Them?

The validity of field sobriety tests can depend on various factors, including whether you consented to them or refused to participate. Fortunately, you can suppress or dispute the results of those tests in Georgia. Here are some possible ways to do that.

• The law enforcement officer did not give you the right to refuse
• The arresting officer cannot demonstrate that you agreed to complete the field sobriety test
• The police officer failed to inform you that the field sobriety test was voluntary
• The officer improperly administered those tests
• The police officers made it look like you had to participate in those tests

If you refuse to take a field sobriety test, it is recommended to consult with an attorney who has experience with DUI cases. A lawyer will help you understand your rights and the potential legal penalties specific to your situation in Georgia.

Contact an Athens DUI Lawyer

If you have further questions about field sobriety tests, the DUI attorneys at Swingle Levin LLC can provide the answers you need and offer legal guidance. Call our office and schedule a free consultation to learn more.