Inaccurate Georgia Field Sobriety Tests
Imagine taking a test that was actually designed to make you fail. When a person is suspected of drinking and driving, police officers may ask the driver to perform a field sobriety test. This voluntary test is not designed in your favor and many studies have concluded that standard field sobriety tests are working against you.
The National Highway Traffic and Safety administration only recognizes three standard field sobriety tests as a method for determining sobriety. They are the Horizontal Gaze Nystagmus, the One Leg Stand and the Walk and Turn. Even though these tests are thought of as scientific evidence that a person is under the influence of alcohol or drugs, each test has its own set of problems that can affect their validity.
For example, the One Leg Stand and Walk and Turn both rely on physical ability. The officer must ensure that such testing is performed in a well-lit area, on a hard, dry and flat surface and must also demonstrate the test for you before you are expected to begin. If you have a physical disability such as a knee problem, how can you be expected to stand on one leg or walk properly without swaying? The officer should not ask you to perform the One Leg Stand or the Walk and Turn tests if you are over 65 or if you are 50 pounds or more overweight.
The HGN while thought of as the most reliable field sobriety test also is not always accurate. Many people suffer from a natural nystagmus, which is the involuntary jerking of your eyes when you look from side to side. Alcohol has been known to cause a nystagmus, but it is obviously hard to diagnose if you are one of those people who suffer from a natural nystagmus.
If you have been arrested for DUI and failed your field sobriety test, you should immediately seek the advice of an experienced DUI defense attorney. Some of the credentials your attorney should have include an NHTSA certification or if they have received training on field sobriety testing. Only an attorney with this type of background is fit to take on your field sobriety test results in court.
