Do the Police Need a Field Sobriety Test to Make a DUI Arrest?

In drunk driving cases, a police officer needs only “reasonable suspicion” to initiate a traffic stop but “probable cause” to make an arrest. Probable cause requires enough proof for a person of sufficient knowledge, relying on trustworthy information, to believe that the suspect has committed–or is committing–a crime. In DUI cases, this can include a police officer’s direct observation of the suspects, any voluntary statements offered by the suspect, and the results of field sobriety tests administered by the officer to the suspect.

Man Arrested Outside Bar at Fort Moore Faces Federal DUI Charges

Field sobriety tests–such as asking a driver to walk in a straight line or balance themselves on one leg–are commonly used to help an officer establish probable cause for a DUI arrest. But they are not strictly necessary. That is, even if an officer decides not to administer a field sobriety test for some reason, there can still be other evidence justifying an arrest.

A recent decision from a federal judge in Columbus, United States v. Kay, offers an example of this. This is a federal DUI case brought against a defendant arrested for drunk driving on a military base. One day, a military police (MP) officer responded to an emergency medical call at a bar located at Fort Moore. It was there the officer encountered the defendant, who identified himself as the man who placed the original emergency call.

During this initial encounter, the MP said he “noticed the odor of alcohol” on the defendant’s breath. The MP also observed the defendant “swaying with unsure balance” and slurring his speech. These were all common signs of intoxication. So the MP asked the defendant if he had been drinking. The defendant replied, “f**k yeah.” The MP followed up, asking if the defendant intended to take a cab home. The defendant said he would.

The MP then followed the defendant as he left the bar, “stumbled” into his car, and started to drive away. The MP quickly got into his own patrol car and initiated a traffic stop before the defendant could leave the parking lot. The MP decided not to administer a field sobriety test after the defendant told him he was stationed at the base awaiting back surgery. According to the MP, it was standard military policy not to perform field sobriety tests when the suspect had a physical injury that could affect their balance.

The MP did administer a portable breath test, however, which “showed the presence of alcohol” on the defendant’s breath. The MP then placed the defendant under arrest for DUI.

Before the trial court, the defendant challenged the legality of the arrest, arguing among other things the decision to not to administer any field sobriety tests demonstrated a lack of probable cause. The trial judge disagreed and denied the defense’s motion to suppress any evidence gathered from the arrest. Looking at the “totality of the circumstances,” the judge said there was more than sufficient evidence for the MP to conclude the defendant was probably operating a motor vehicle under the influence of alcohol.

Call Hawkins Spizman Trial Lawyers Today

Two things to keep in mind. First, if a police officer asks you if you have been drinking, you do not have to respond. Second, never lie to the police. If you say you are planning to take a cab home from a bar, do not then immediately get into your own car when the officer can still see you.

And if you are placed under arrest on suspicion of DUI, remember that you have the right to the assistance of a qualified Atlanta drunk driving defense lawyer. Call Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

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