By Pierce Blitch & Will Dasher
Alcohol-Related Accidents: A Growing Concern
More than 10,000 people die in alcohol-related crashes every year—over 30 deaths daily. These tragic events make up nearly 30% of all traffic fatalities. On top of that, close to 300,000 people are injured in such accidents annually. According to the CDC, the financial toll of these crashes exceeds $44 billion per year.
Given these alarming numbers, it’s no surprise that law enforcement is cracking down on driving under the influence (DUI). However, there are times when police overstep their bounds, acting aggressively toward suspected drunk drivers. This is why understanding your rights when pulled over on suspicion of DUI is so important.
Field Sobriety Tests: What Are They?
When a police officer suspects you of driving under the influence, they typically rely on three key tools to evaluate the situation:
- The Standardized Field Sobriety Test (SFST)
- Preliminary Breath Test (PBT) Device (commonly called the roadside breathalyzer)
- Observation and Opinion
How Accurate Are These Tests?
Police often begin with the SFST, a series of three tests developed in the late 1970s by the National Highway Traffic and Safety Administration (NHTSA). These tests aim to assess a driver’s mental and physical ability to safely operate a vehicle:
- Horizontal Gaze Nystagmus (HGN) Test: The officer asks the driver to follow a moving object with their eyes. In an intoxicated person, eye movements may become jerky.
- Walk and Turn (WAT) Test: The driver must walk nine steps heel-to-toe in a straight line, turn, and return the same way.
- One Leg Stand (OLS) Test: The driver must balance on one foot, holding the other foot six inches off the ground for 30 seconds.
These tests are designed to reveal signs of intoxication, but the results are far from foolproof.
While failing one test might not prove intoxication, failing all three is often considered reliable evidence. However, it’s important to note that the physical tests come with a significant margin for error—up to 200 potential mistakes between the two physical tests alone. Many people, even those who are sober, may fail them.
The Inaccuracy of Preliminary Breath Tests (PBT)
The roadside breathalyzer, or PBT device, can also be unreliable. External factors like temperature and the presence of chemicals such as paint fumes can trigger false positives. Additionally, personal health factors can influence the readings, making the results questionable.
Are These Tests Admissible in Court?
Generally, the results of these field tests are not admissible as direct evidence of intoxication. Many states require blood tests as the only acceptable form of proof. However, the results of the SFST or PBT can support a DUI charge. While it’s unlikely you’ll be convicted based solely on these tests, they can still strengthen the case against you, particularly if you fail all the tests and blow over 0.08% on the PBT.
But the reliability of these tests remains in doubt, even for sober drivers. The conditions under which the tests are administered—such as uneven surfaces or poor lighting—can make a significant difference in the outcome, giving you grounds to challenge their validity.
You Have the Right to Refuse
Remember, you are not legally required to take any roadside sobriety tests. Refusing these tests won’t lead to immediate penalties. In fact, by refusing, you may prevent the officer from collecting additional evidence that could be used against you.
Field sobriety tests generally serve as probable cause tools, confirming the officer’s suspicion that you are under the influence. If you refuse the tests, the case against you often rests solely on the officer’s observations, which can be easier to dispute in court.
What Should You Do?
The simple answer: refuse the tests. Chances are that the officer has already made up their mind about your guilt before asking you to step out of the car. By agreeing to take the tests, you may be handing over evidence that could support your conviction.
But no matter what, stay calm and polite. Losing your temper or being overly accommodating could send the wrong signals to the officer. Don’t make things worse for yourself. If you refuse the tests, the officer’s case will likely come down to their observations and opinions, which are far easier to challenge than concrete test results. Keep in mind that these tests are notoriously easy to fail—even for sober people.
Finally, even if you pass the field sobriety tests, the officer may still arrest you based on their judgment. The best course of action is to refuse the tests and contact a DUI attorney as soon as possible. A lawyer can help craft a strong defense, potentially using health conditions or other factors to your advantage.
Stand Your Ground
While some may argue that refusing the tests makes you look guilty, remember that it cannot be held against you in court. Your best defense is to refuse the tests and immediately consult with an attorney who specializes in DUI cases. Every detail matters, so be prepared to recount everything about your encounter with the officer to your lawyer.
CALL THE BLITCH LAW FIRM TODAY TO DISCUSS YOUR CASE We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. Both attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.
DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.
