Field Sobriety Tests in Georgia: What You Should Know Before Agreeing

Being pulled over on suspicion of DUI is a stressful experience, and the decisions you make in those first few minutes on the side of the road can have a significant impact on what happens next. One of the most consequential decisions is whether to agree to a field sobriety test. Many drivers do not realize they have a choice, and that lack of awareness can work against them. Understanding your rights before you are ever in that situation is one of the most valuable things you can do to protect yourself.

At The Ozer Law Firm, our Savannah DUI attorneys represent clients throughout Chatham County, Liberty County, and the surrounding area who are facing DUI charges. We examine every aspect of the traffic stop, including how field sobriety tests were conducted, whether proper procedures were followed, and whether the evidence against you holds up to scrutiny. If you have been charged with DUI, call The Ozer Law Firm today at (305) 788-0187 to discuss your case.

What Are Field Sobriety Tests?

Field sobriety tests are a series of physical and cognitive exercises that law enforcement officers use roadside to assess whether a driver may be impaired. The National Highway Traffic Safety Administration (NHTSA) has standardized three of these tests, though officers sometimes use others as well.

Horizontal Gaze Nystagmus (HGN)

The HGN test involves an officer moving a pen or small light horizontally in front of your eyes while watching for involuntary jerking of the eyeball, known as nystagmus. Alcohol consumption can exaggerate this jerking motion, and officers are trained to look for specific cues. This test is considered the most reliable of the three standardized tests, though it is still far from perfect and can be affected by factors unrelated to alcohol.

Walk-and-Turn (WAT)

The walk-and-turn test asks the driver to take nine heel-to-toe steps along a straight line, turn in a specific manner, and return. Officers watch for indicators such as losing balance, stepping off the line, using arms for balance, or taking the wrong number of steps. This test is designed to divide attention between physical and mental tasks, but road conditions, footwear, and physical limitations can all interfere with performance.

One-Leg Stand (OLS)

The one-leg stand requires the driver to raise one foot approximately six inches off the ground and count aloud until told to stop, typically for about 30 seconds. Officers look for swaying, hopping, putting the foot down, or using arms for balance. Like the walk-and-turn, this test can be significantly affected by factors that have nothing to do with impairment.

Non-Standardized Tests

Officers sometimes administer additional tests such as the finger-to-nose test or reciting a portion of the alphabet. These non-standardized tests have no consistent scientific validation behind them and are generally considered less reliable than the three standardized tests. Results from these tests may still be used against drivers in court.

Are Field Sobriety Tests Mandatory in Georgia?

No. In Georgia, field sobriety tests are entirely voluntary. An officer is not required to tell you this, and many drivers assume they have no choice but to comply. You have the right to politely decline a field sobriety test without facing the same automatic legal penalties that come with refusing a chemical test.

That said, refusing a field sobriety test does not mean the encounter is over or that you will avoid arrest. Officers can still arrest you based on other observations such as the smell of alcohol, your behavior, or your driving pattern. Understanding what refusal means in practice is important before making that decision.

Factors Reducing FST Accuracy

Even under ideal conditions, field sobriety tests are not always accurate. According to NHTSA, accuracy rates range from roughly 65% to 77% for the standardized tests, meaning a number of sober people can and do fail them. Several factors can reduce accuracy further, including:

• Age and physical fitness, as older individuals or those with joint problems may struggle with balance-based tests regardless of sobriety.
• Inner ear conditions, neurological disorders, or prior injuries that affect balance or coordination.
• Weather and road conditions, including uneven pavement, gravel, wind, or rain.
• Improper lighting during nighttime stops.
• Anxiety, nervousness, or fatigue unrelated to alcohol.
• Improper administration by the officer, including failure to follow standardized instructions.
• Certain prescription medications that affect eye movement or motor function.

A skilled Savannah DUI defense attorney can scrutinize how a test was administered and challenge results that were influenced by any of these factors.

Pros and Cons of Refusing Field Sobriety Tests

Deciding whether to refuse a field sobriety test is not a simple decision. There are legitimate arguments on both sides. At The Ozer Law Firm, our attorneys can help you understand both the pros and cons of refusing FSTs.

Pros of Refusing

Refusing a field sobriety test limits the amount of subjective evidence an officer can collect against you. Without test results, the prosecution is left to rely on dashcam footage, the officer's observations of your behavior, and any other circumstantial evidence. This can make it harder to build a case against you, particularly if your driving was otherwise unremarkable.

Cons of Refusing

Refusal can escalate the situation and may be presented by prosecutors as evidence of consciousness of guilt. They may argue that you refused because you knew you would fail. While this is not conclusive proof of impairment, it can be used to paint an unfavorable picture in front of a jury. Refusal may also increase the likelihood of an immediate arrest if the officer was already leaning in that direction.

Chemical Tests vs. Field Sobriety Tests

It is important not to confuse field sobriety tests with chemical tests such as breathalyzers or blood tests. Under Georgia's implied consent law, drivers who operate a vehicle on public roads are considered to have given consent to chemical testing. Refusing a chemical test after a lawful arrest carries automatic consequences including license suspension, and that refusal can be used against you in court.

Field sobriety tests carry no such automatic penalties upon refusal. This distinction is one of the most important things to understand if you are ever stopped on suspicion of DUI. If you have questions about a recent stop or arrest, contact The Ozer Law Firm to speak with a criminal defense attorney about your situation.

Charged with DUI? Contact The Ozer Law Firm

A DUI charge in Georgia is serious. Convictions can result in license suspension, fines, mandatory alcohol education programs, probation, and even jail time. The evidence gathered on the roadside, including field sobriety test results, often forms the foundation of the prosecution's case. Challenging that evidence effectively requires an attorney who understands both the science behind these tests and the legal standards that govern how they must be administered.

At The Ozer Law Firm, attorney Jennifer L. Ozer has been defending clients in both Chatham County and Liberty County since opening the practice in 2015. She examines every detail of your stop and arrest, from the officer's basis for pulling you over to the conditions under which any tests were performed. 

Our attorneys provide honest, straightforward guidance on your options rather than simply telling you what you want to hear. If your rights were not respected or the tests were not properly administered, we will work to suppress that evidence and pursue the best possible outcome in your case.

Whether you are dealing with a traffic violation or a more serious criminal charge, our firm is accessible, compassionate, and in your corner until the very end. Contact The Ozer Law Firm today or call (305) 788-0187 to schedule a free consultation and take the first step toward protecting your future.