DeKalb County Field Sobriety Test Lawyer
Field sobriety tests are intended to determine if a person is intoxicated while they are behind the wheel. Field sobriety tests are typically conducted soon after a person is pulled over by law enforcement because they are suspected of driving under the influence. Many people believe that they are obligated to take these tests, but they are not. In fact, submitting to these tests can make a future criminal case even harder for those accused. Below, our DeKalb County field sobriety test lawyer explains further.
What are the Field Sobriety Tests?
There are many different types of field sobriety tests law enforcement uses to determine a driver’s level of intoxication. These include:
- One-leg stand: During this test, a driver stands on one leg. Police officers will look for swaying or other signs of imbalance. People who are wearing high heels, are overweight, or who have poor night vision may not pass this test even if they are not intoxicated.
- Horizontal gaze nystagmus (HGN): The HGN test is the only one that has been scientifically approved. The officer will have a driver follow an object, such as a pen, with their eyes. The officer will look for things such as a deviation or a lack of a smooth pursuit. Many medical conditions can impact eye nystagmus.
- Walk and turn: During this test, the driver will take ten steps, heel to toe, turn and repeat the steps back to the offer. The officer will determine if the suspect is following instructions or if they are swaying or tripping. There are many physical conditions that make this test difficult to perform properly.
- Finger to nose: An officer may ask a driver to extend an arm, one at a time, and touch their nose while reciting the alphabet or counting backwards. Drivers can become nervous and fail to recite our count properly.
Refusing Field Sobriety Tests
If you are pulled over for a DUI, the police officer will not tell you that field sobriety tests are voluntary. You are not forced to take them and you will not face any penalty for refusing. Field sobriety tests are in fact, designed for drivers to fail. This is largely because they are extremely subjective. Police officers decide whether drivers pass or fail and they typically declare that a driver has failed so they can proceed with charges and an arrest. This is just one reason drivers are advised to refuse field sobriety tests.
Additionally, if a driver does submit to field sobriety tests, the results can be used against them in their criminal case. On the other hand, a refusal cannot be used against an accused during a criminal case.
Call Our DeKalb County Field Sobriety Test Lawyer Today
No one should ever comply with field sobriety tests. If you have failed a test, or been arrested for impaired driving, you need legal help. At The Spizman Firm, our field sobriety test lawyer in DeKalb County can ensure your rights are protected so you obtain the best possible outcome. Call us now or chat with us online to schedule a consultation and to learn more about how we can help with your case.
