When you are pulled over, the last thing you want to hear is a driver ask if you’ve been drinking. Because the officer likely suspects that you are under the influence, they may ask you to take a field sobriety test. It’s important to familiarize yourself with these tests and what your rights are. The following blog explores whether or not field sobriety tests are mandatory and what to do if an officer wants your participation. Keep reading to learn more about this process and how a Cobb County DUI lawyer can help you if you’ve been pulled over on suspicion of drunk driving.
What Are Field Sobriety Tests?
Field sobriety tests are a set of physical assessments administered by a police officer to determine whether or not a driver is under the influence of drugs or alcohol. These tests are designed to provide law enforcement with additional evidence against a driver they believe is intoxicated.
The test typically entails three main sections. The first is the Horizontal Gaze Nystagmus, which the officer will use to look for involuntarily eye movement that indicates intoxication. Next is the infamous “walk and turn” test, which requires a series of steps. The officer will examine your ability to follow directions and whether or not you can balance. Finally, you may be asked to stand on one leg and balance, again, with the officer assessing you for signs of impairment.
These tests are unfortunately flawed, as they rely heavily on the officer’s subjective opinion to determine whether or not someone appears to be under the influence. Additionally, if the officer administers the test incorrectly, it can skew the results.
What Should I Do if I’m Asked to Take One?
When talking with the officer conducting the traffic stop, they will likely make it seem as though your participation in the field sobriety test is mandatory. However, it’s critical to understand that you do not need to take this test. Under Georgia’s implied consent laws, drivers who refuse to take breathalyzers or chemical testing are automatically subject to a license suspension. However, field sobriety tests are not covered under these laws, meaning you are well within your right to refuse.
If you are pulled over, and the officer asks you to exit your vehicle, you legally must comply. However, you have no obligation to participate in a field sobriety test in Georgia. As such, you can politely inform the officer that you do not want to participate and inform them that you would like to invoke your right to remain silent.
In the event that you are arrested during the traffic stop, the police now have less evidence to use against you. Being subjected to testing is a nerve-wracking situation, so you may stumble or make an error because of nerves. However, the officer can use this as evidence of intoxication. As such, refusing to take the test and limiting the evidence against you is critical.
Were you arrested for driving under the influence? If so, connecting with an experienced attorney from Miller Law Practice is in your best interest. Our firm will examine all possible avenues to help you fight for the best possible outcome. Connect with us today to learn more.