Georgia Field Sobriety Tests


Get Your DUI Case Evaluation NowWe have all seen it on tv cop shows and comedies: a tipsy driver is asked by a police officer to perform roadside tests to determine if the driver is intoxicated. Perhaps the driver is asked to touch his or her finger to the nose, stand on one leg, or walk a straight line – always good material for comedy shows. However, standardized field sobriety tests are a very real part of highway safety and determining if ‘probable cause’ is present for the officer to arrest the driver on suspicion of DUI.

If a driver is pulled over on a routine stop and the police officer suspects intoxication, field sobriety tests may be conducted. The driver is asked to perform simple physical or cognitive tests to determine sobriety. The tests are:
  • Walk-and-Turn
The suspect walks heel-to-toe along a line for nine steps, then turns at the end to return. The driver should be able to follow instructions and keep balanced without using the arms to try to keep balanced. NHTSA studies reveal that 65 percent of those who fail two or more of these criteria will have a BAC of .10 or greater or are under the influence of drugs.
  • One-Leg Stand
The driver stands with one foot raised about six inches. While doing so, s/he must count aloud (one thousand one, one thousand two, etc.) until asked to stop (about 30 seconds). This test also has a 65 percent reliability that a driver is impaired (BAC of .10 or higher) if s/he cannot perform this action. Combined with the walk-and-turn test, reliability for this test is about 80 percent.
  • Horizontal Gaze Nystagmus
This test is relatively new to field sobriety tests and is fairly accurate if administered properly.

Nystagmus – an involuntary twitching of the eye – typically occurs when a person uses their peripheral vision by looking sharply to the side – at about 45 degrees – with the head held in the forward position. Under the influence of alcohol, this twitching occurs at a lesser angle and the driver has difficulty following the object with his or her eyes.

The driver follows a penlight with the eyes as the officer moves it about a foot distant in front of the driver’s eyes. The officer estimates the angle at which the eye twitches; if this happens at less than 45 degrees, it is a sign of high blood-alcohol concentration (BAC).

The results indicate to the officer if the suspect has a BAC of .10 or higher or if the driver has ingested a wide variety of drugs. NHTSA studies indicate that the test results will be correct approximately 77 percent of the time.
The following tests may be requested, but because they are non-standardized tests and are not sanctioned by the National Highway Traffic Safety Administration (NHTSA), they could not be used at a trial as evidence against a driver. They can, however, be used to support the officer’s determination that a driver should be arrested under ‘probable cause’ of intoxication:
  • recite the alphabet or a portion of it
  • close the eyes and touch the nose
  • count the number of fingers that the officer raises
  • count backwards
  • stand with feet together and tip the head backwards while holding the arms out to the side
  • extend a hand in front, palm upwards. The other hand is then placed on top of the first hand, palm downwards. The driver then ‘pats’ the lower hand with the upper hand by rotating it, so that first the lower hand is patted with the palm of the upper hand and then with the back of the upper hand.
The National Highway Traffic and Safety Administration (NHTSA) researched DUI testing methods in 1977 and 1981 and provided a sound battery of tests that could fairly reliably determine a driver’s intoxication level. On average, these tests range from 65-80 percent reliable in establishing that a driver is in fact under the influence of drugs or alcohol.

Contact DUI Lawyer Frank Gomez today for a free assessment of your case.