The quick and short answer is NO. You should never perform field sobriety evaluations if you are pulled over and the officer is investigating you for a suspected DUI. Once you are asked out of your vehicle, it is almost guaranteed that you are going to be arrested, no matter your choices. Do not give them additional evidence they can use against you in court. It is your absolute constitutional right under United States and Georgia law to refuse to perform field sobriety evaluations. Now that we have the quick and short answer out of the way, I will go into detail on what field sobriety evaluations are and why they can only hurt you and your case.

What Are Field Sobriety Evaluations?

Field sobriety evaluations have been used by officer as long as they have been making DUI arrests. Before I was a DUI lawyer, when I thought of field sobriety evaluations I thought of reciting the alphabet backwards, touching your finger to your nose, and walking a line. And these are all evaluations that are still in use by some officers today. However, in the last thirty years the National Highway Traffic and Safety Administration (NHTSA) has decided that three field sobriety evaluations are the standardized evaluations for investigating drivers who may be under the influence of alcohol. Those three evaluations are the horizontal gaze nystagmus (HGN or Eye) test, the walk and turn test, and the one leg stand test. Officers are taught that these tests performed together will give them the best evidence of determining whether someone is impaired by alcohol.

The Horizontal Gaze Nystagmus Test

The horizontal gaze nystagmus test is a medically verified test use to examine the involuntary jerking of the eye as it moves side to side across your field of vision. Because it is a medical test, the officer must ask you qualifying questions to help determine whether the results will be accurate. These questions should involve whether you have ever had a head or brain injury, do you wear glasses or have problems with your eyes, or any other issue that would make it difficult to perform this test. It is important to let the officer know if you have these issues, because if you say you have no issues, that statement can be used against you later. After asking the medical qualification questions, the officer will then look to make sure your eyes have equal tracking (meaning they move together) and your pupils are the same size. If the officer cannot see equal tracking and equal pupil size, they are not supposed to continue the test.

Once the medical qualification is complete the test begins. The test involves three specific tests, each performed twice, looking for two clues on each test, one in each eye. The first test is lack of smooth pursuit, meaning while the officer is moving his finger side to side slowly across your field of vision, your eyes are quickly jerking back and forth as they move side to side. The second test is distinct and sustained nystagmus at maximum deviation. Here, the officer is looking for continued side to side jerking as they hold their finger at the outer limit of your field of vision. Finally, the last test is the onset of nystagmus prior to a 45 degree angle from the center of your field of vision. The officer moves their finger slowly from the center of your vision, stopping their finger at the point they first notice the nystagmus. If that point is before 45 degrees from the center of your field of vision, they will note it as two clues.

These tests are cumulative, meaning an officer cannot notice clues in the second and third tests, but not the first test, or in the first and third tests, but not the second. The clues should be present in each eye. If they are not present in both eyes, then there is a medical issue that should stop the officer from continuing the test. Officers are trained that 4 out of 6 clues indicates impairment.

The Walk and Turn Test

The second field sobriety evaluation you are likely asked to perform is the walk and turn test. The Walk and Turn test is a motor skills test that will generally begin with the officer asking you to enter a starting position with your left foot on an imaginary line. They will then ask you to place your right foot in front of your left foot, touching right heel to left toe, with your hands by your side. They will ask you to hold that position as they continue the instructions. They will then tell you when they say begin to take nine heel to toe steps, turn making a series of small steps and then take nine heel to toe steps back. They will remind you to keep your hands by your sides at all times, look down at your feet, and count the steps 1 through 9 in each direction, and to not stop once your start the test. After saying the instructions, the officer will perform the test, taking three steps, demonstrating the correct method of turning, then taking three more steps. After asking if you understand, they will tell you to begin. While you perform the test they are looking for 8 clues:

1. Do you break the heel to toe stance with arms by side while listening to instructions?

2. Do you start the test too soon?

3. While walking, do you stop at any point?

4. While walking, do your feet miss heel to toe by more than a quarter of an inch?

5. While walking, do you step off the straight line?

6. While walking, do you raise your arms for balance?

7. Do you perform the turn in the correct manner, keeping your front foot in place as you take a series of small steps to turn?

8. Do you take the correct number of steps in each direction?

The test is designed to look for eight clues, and if you show two of eight clues, it indicates impairment. It doesn’t matter if you exhibit the clue throughout the test, or just once, it still counts as one clue and indicates impairment. There are 76 opportunities to exhibit clues during the test, and the officer is going to claim showing two means your are impaired.

The One Leg Stand Test

The final of the three standardized field sobriety evaluations is the one leg stand test. To perform this test, the officer usually asks you to stand with your feet together, hands by your side. The officer then tells you when the test begins to pick a foot, whichever you choose, and lift it six inches off the ground, stare at the foot and begin counting. While you perform the test, the officer is looking for four clues:

1. You put your foot down any time during the test.

2. You use your arms to balance while performing the test

3. You hop on one foot while performing the test

4. Your body sways while performing the test.

Officers are trained that if you show two of the four clues that it is evidence of being impaired by alcohol or other substances.

Why Should I Always Refuse Field Sobriety Evaluations?

You should refuse field sobriety evaluations because these tests are only designed to show proof of impairment. They are not designed to show the officer you are safe to drive, even if the officer may ask you to perform the tests to show him you are safe to drive. There are no “good” clues in these tests. You can’t pass them. You can only give the officer proof to justify his arrest decision at trial. Field sobriety tests, especially the walk and turn test and only leg stand test are difficult to perform. They require strong balance, concentration, and attention to detail at home on a flat surface without cars driving by and bright lights in your eyes. Add the additional stress of being part of a DUI investigation with cars passing by late at night in cold weather and the tests become even more difficult. Do not help the officer with their investigation. Assert your right to remain silent, and your right against incriminating yourself by politely refusing to perform the tests. You will likely end up in handcuffs, but it is my experience that is happening as soon as the officer asks you out of your vehicle, no matter what choices you make.

If you have questions about field sobriety evaluations or would like a free consultation for a Georgia DUI, please call me at 678-753-6431 and we can talk in detail about your issues.