Atlanta DUI Lawyer
What are Field Sobriety Tests?
If a police officer suspects you of driving under the influence, he or she will ask you to perform one or more field sobriety test. Field sobriety tests are set of skills tests that challenge a number of things, including your level of alertness, your physical coordination, and your ability to follow instructions. When a driver can successfully complete these tests it is indicative that he or she is not under the influence. However, if a driver fails one or more field sobriety test, it gives the police officer probable cause to arrest the driver for DUI.
Types of Field Sobriety Tests
Although there are numerous field sobriety tests, police officers in Atlanta typically require drivers to perform the following three tests:
Walk and Turn Test: The driver is instructed to take nine heel-to-toe steps in a straight line, turn, and repeat the same action in the opposite direction. Any sign of the driver losing balance or not following instructions will be taken as an indication of intoxication.
One Leg Stand Test: The driver is instructed to stand on one foot and raise the other foot six inches off the ground while counting out loud. The driver must keep his or her arms at the side. If he or she hops, wiggles, raises his or her arms, or loses balance in any other way it will be taken as a sign of intoxication. The officer will also be looking to make sure the driver is counting correctly and that he or she is following all instructions.
Horizontal Gaze Nystagmus Test: The officer will hold a small object in front of the driver and instruct the driver to follow the object’s line of motion with his or her eyes. If the driver cannot follow the object, or if his or her eye(s) begin to twitch, then officer will consider the driver intoxicated.
Defense Against Field Sobriety Testing
Although field sobriety testing is a standard procedure in Georgia, it is highly unreliable. There are many factors that could lead to a false or inaccurate reading. For starters many officers do not administer these tests properly, which in and of itself can lead to inaccurate results. Furthermore, these tests are highly subjective and success is determined solely on the officer’s opinion. In addition, there are usually a number of extenuating circumstances that could cause a driver to perform poorly, even if he or she is not intoxicated, such as poor weather, type of footwear, natural lack of coordination, a pre-existing injury or disability, nerves, fatigue, weight, height, age, sickness, and much more.
Contact Atlanta DUI Attorney
If you have been arrested on DUI charges after taking a field sobriety test, it’s to your advantage to hire an experienced Atlanta DUI lawyer like Matthew T. McNally. Mr. McNally has defended countless clients charged with a DUI, and knows effective ways to challenge the accuracy or admissibility of field sobriety tests. Mr. McNally will look for errors made by the arresting officer, as well as question whether or not he or she administered the tests properly. Furthermore, if extenuating circumstances hindered your ability to perform the test, Mr. McNally will make it known to the judge.
If you have been charged with DUI, do not give up hope. Atlanta DUI attorney Matthew T. McNally is dedicated to preparing a strong defense case and fighting to protect you from a criminal conviction!
Contact the Law Offices of Matthew T. McNally today at (678) 386-4968.