In the state of Georgia, DUI suspects agree to take blood, breath, or urine testing at the request of law enforcement officers. . Additionally, the enforcement officer is allowed to choose what type of test you may take. In most cases, an officer will subject the driver to a field sobriety test. To make parameters clearer, the National Highway Traffic and Safety Administration (NHTSA) created guidelines to make tests more accurate. The following tests are classified as standardized field sobriety tests.
1. The One-Leg Stand Test:
During this test, the suspect will be asked to stand on one leg, positioning the alternate leg approximately six inches off the ground. During this, the officer will ask the suspect to count to a certain number, or to continue counting until the officer says to stop. The NHTSA states that the officer should time the test for 30 seconds. The officer will watch the suspect, looking for signs of impairment such as swaying, hopping, using the arms to balance, and more.
2. The Walk and Turn Test:
This test requires the suspect to walk nine steps, placing the toes of one foot behind the heel of the other for every step. Once the suspect has completed all nine steps, he/she is required to turn around on one foot, and complete another 9 steps in the opposite direction. Again, the officer will watch for any signs of impairment as the suspect completes the test.
3. The Horizontal Gaze Nystagmus Test:
The officer will ask the suspect to follow the motion of a small object the officer is holding, such as a pen or an unlit flashlight using only the motions of the eyes. During this test, the officer will watch for exaggerated nystagmus. This means that the officer will check to see if the suspect’s eyes are jerking in an exaggerated manner.
Although the NHSTA has determined these are standardized tests, some officers will ask suspects to participate in other tests, many of which people believe are designed to make suspects fail.
The Tests Designed for Failure
Below are some of the tests many people feel are designed to make suspects fail, giving officers the right to arrest the suspect for a DUI offense.
- Reciting the alphabet backwards
- Counting backwards starting at a large number
- Standing with feet together while tipping the head backwards and remaining balances
- Picking coins of the ground
- And more
The Atlanta DUI defense attorneys at The Law Offices of Howard J. Weintraub, P.C. understand the unfairness of many field sobriety tests. In addition, they understand the complexities of a person’s rights and are not afraid to bring facts to the courtroom. The Atlanta DUI defense lawyers at our firm are dedicated to our clients and there rights and will do anything in their power to ensure your rights are protected.
If you have been arrested for a DUI, do not hesitate to call the firm. You may face extreme penalties and charges that you do not deserve. Make the call today.