A Smyrna, GA DUI Attorney Discusses the Validity of Field Sobriety Tests
When it comes to DUI in the State of Georgia, you can be convicted on circumstantial evidence alone due to Georgia’s DUI less safe statute. In that case, the arresting officer could use evidence that you failed a field sobriety test as proof that you are unsafe to drive. However, these tests are not 100% accurate, and for many people, they aren’t accurate at all. In this article, the Cobb County DUI attorneys at Andrew L. Schwartz, P.C. will discuss field sobriety tests, their accuracy, and what you can do if you’re accused of failing one.
What are field sobriety tests?
Field sobriety tests are standardized tests that are used by officers during traffic stops to determine and evaluate whether a driver is impaired. These tests include the horizontal gaze nystagmus, the walk-and-turn test, and the one-leg stand test. These tests are meant to evaluate a driver’s coordination, balance, and ability to follow instructions. It’s assumed that these can be impaired by alcohol or drugs.
The horizontal gaze nystagmus test involves following an object with your eyes. The walk-and-turn test involves walking in a straight line heal-to-toe. The one-leg stand requires you to stand on one leg with your arms by your side while you count aloud for a set period of time.
How accurate are field sobriety tests?
The NHTSA discusses three standardized field sobriety tests. Those include the horizontal gaze nystagmus (HGN test), the one-legged stand test, and the walk-and-turn test. According to the NHTSA, these tests have an accuracy rating of:
- HGN test – 77%
- One-leg stand test – 65%
- Walk-and-turn test – 68%
Even when all three tests are performed at the same time, they only have an accuracy rating of 82%. So, we’re not talking about an exact science here. Even when these tests indicate that someone is impaired, they don’t actually show that the individual’s ability to drive a motor vehicle has been compromised or their exact blood alcohol concentration.
Factors impacting the accuracy of these tests
The NHTSA tests the accuracy of these tests under ideal circumstances. An individual can fail them for any number of reasons that don’t involve being drunk or high. Despite their widespread use, the accuracy of these tests can be influenced by a variety of factors. This, in turn, leads to false positives. Physical conditions such as obesity, age, and injuries can impact a person’s performance on these tests. In addition, environmental conditions such as uneven surfaces, poor lighting, and bad weather can compromise the results. Most people are quite nervous when the tests are being administered. Psychological factors such as anxiety can impact the way an individual performs on a test. Further, the tests are subjective in nature and rely heavily on an officer’s interpretation of the driver’s performance. This can lead to errors.
Talk to a DUI Attorney Today
The Cobb County criminal defense attorneys at Andrew L. Schwartz, P.C. represent the interests of those who have been charged with DUI in Cobb County. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.
