Gwinnett County Field Sobriety Test Lawyer
Field sobriety tests are roadside assessments officers use to determine if a suspect is drunk. These tests are notoriously unreliable, and even people without a drop of alcohol in their bloodstream can fail a test. Contact The Spizman Firm today to meet with an experienced Gwinnett County field sobriety test lawyer. Our firm can review any video or speak to witnesses to back up your story of what happened. No one should be convicted on shaky evidence, so reach out so we can begin a thorough review of your case.
Why Innocent People Fail the Field Sobriety Tests
Field sobriety tests are not mandatory in Georgia, and drivers may refuse them without any negative legal consequences. Nonetheless, many drivers worry that refusal will make them look guilty—a conclusion the officer might confirm.
The most common tests include standing on one leg, walking in a straight line, or having an officer point a light at your eye, which is called the horizontal gaze nystagmus test.
There are countless reasons why someone might perform poorly on one or more of these tests:
- Fatigue
- Traffic whizzing by uncomfortably close
- Nervousness
- Age or physical infirmity
- Medical conditions such as vertigo or glaucoma
- Driving rain or wind
- Coordination problems unrelated to alcohol
An officer should try to ascertain if you have any medical conditions which would impact performance, but some officers overlook this fact. Furthermore, the tests are subjective. How long must someone balance on one leg in the middle of night to show they are not intoxicated? When is a person’s balance too wobbly while walking in a straight line? We are not surprised that many people fail these tests.
How to Challenge Your DUI Arrest
Your performance on the test will likely determine if an officer arrests you. We can challenge the arrest by raising doubt on the reliability of the officer’s perceptions. For example, you might have been walking a line in the middle of the night with large trucks racing by, so it’s not surprising you step out of line once or twice. The officer might not have paid close attention.
Remember to share with your lawyer:
- Any medical conditions or injuries you have. These might impact performance on a field sobriety test. As an example, you might have hurt your leg at work or while playing basketball.
- Any medication you are taking. These could also possibly impact the ability to stand on one leg but not impair driving.
- The names of witnesses who observed you taking the tests. They might testify that you seemed fully in control of your body.
Our job as experienced DUI lawyers is to find weaknesses in the state’s evidence. The arresting officer could have lacked training in administering the tests, or the dashcam or body cam evidence is inconclusive. We can also submit evidence which explains why you could have performed poorly on one or more tests.
Contact Us Today
DUI defendants are often afraid that they will end up suffering the most severe penalties under Georgia law. However, it is possible to negotiate a generous plea or even seek to have the charges dismissed. Call to speak with our Gwinnett County field sobriety test lawyer in a free consultation.
