Are Field Sobriety Tests Mandatory in Georgia?

When you get pulled over for a suspected DUI, you may find yourself having to perform a number of field sobriety tests. These tests are administered by law enforcement officers in an attempt to gauge your suspected level of intoxication. While not infallible, these tests can be helpful in determining the level of drunkenness and provide proof of intoxication. You may be wondering: Are field sobriety tests mandatory in Georgia? The answer may surprise you.

When you find yourself dealing with a DUI charge, you may want to enlist the help of an experienced DUI lawyer who can help you figure out a strong defense and work to ensure you don’t end up suffering the full extent of the legal penalties associated with your charge. The legal team at Jarrett Maillet J.D., P.C. can give you the tools you need to see this through. If convicted, you will have a criminal record that will follow you forever.

Are Field Sobriety Tests Mandatory in Georgia?

Field sobriety tests are not mandatory in Georgia. You can refuse to perform a field sobriety test without risking the immediate suspension of your driver’s license.

However, the police can still arrest you if they have other evidence of your intoxication. Refusal of the tests alone does not automatically lead to an arrest for drunk driving. In fact, refusing to take the tests may work in your favor. Without the results of the test, the police may not have enough probable cause.

Chemical tests, on the other hand, are subject to the state’s implied consent laws. That means that by driving on state roads, you are consenting to a chemical test, like a breathalyzer or blood test, if you get pulled over on a suspected DUI.

In Georgia in 2024, there were over 2,600 driver’s license suspensions from DUI arrests, with over 12,200 refusals, over 17,000 first-offender DUI arrests, over 2,100 second-offender DUI and multiple DUI arrests.

If you are fighting a personal battle with alcohol and would like to talk to someone, there are many support groups across the state, including Choices in Atlanta and Alcoholics Anonymous of Georgia in Savannah.

Field Sobriety Tests in Georgia

To determine your level of intoxication, an arresting officer may ask you to perform some field sobriety tests. If you agree to take them, these tests will gauge your cognitive abilities.

There are three main field sobriety tests in Georgia:

• The HGN Test: The horizontal gaze nystagmus test (HGN test) is used to test involuntary eye movements. The officer holds up an object, usually a pen or small flashlight, and has you follow the object with just your eyes. People’s eyes move differently when they’re drunk.
• The Walk and Turn Test: The walk and turn test is used to test your coordination. The officer has you stand in a heel-to-toe position. They then have you walk nine steps in a straight line while counting aloud. Then, you turn and walk back to the officer. They expect drunken individuals to stumble, lose balance, miscount, or fall over.
• The One-Leg Stand Test: The one-leg stand test is used to test your balance. The officer instructs you to stand on one leg and count until you are told to stop. If your balance is thrown off and you are unable to stay standing, the officer may believe you’re drunk.

If you refuse the field sobriety test or pass it, the officer may administer a chemical test if they still have reason to believe you are drunk. Under Georgia Code § 40-6-391, if you are pulled over and found to have a blood alcohol concentration (BAC) of 0.08% or higher, you will be considered over the legal limit to drive, and you will be arrested for a DUI.

FAQs

Q: Can You Refuse a Field Sobriety Test in Georgia?

A: Yes, you can refuse a field sobriety test in Georgia. Field sobriety tests are not mandatory, and a refusal will not result in an automatic arrest. However, you can still be arrested if the officer finds other evidence of your intoxication, such as the results of a breathalyzer test. If you are arrested, you should contact a DUI lawyer immediately.

Q: Can You Refuse a DUI Checkpoint in Georgia?

A: Yes, you can legally refuse a DUI checkpoint in Georgia. At a checkpoint encounter, you are only required to provide your legal name and address. If you want to avoid the checkpoint entirely, you are allowed to turn around and find an alternative route without confronting the officers. As long as you obey the traffic laws, they can’t arrest you for avoiding a DUI checkpoint.

Q: Can You Be Charged With a DUI Without Taking a Field Sobriety Test in Georgia?

A: Yes, you can be charged with a DUI without taking a field sobriety test in Georgia. The prosecution only has to prove that you were drunk behind the wheel, and they can do that without the evidence provided from a field sobriety test. This applies to various DUI charges, including DUI with Injury, where the consequences can be even more severe if someone is hurt as a result. If you refuse to take a chemical test, like a breathalyzer or a blood test, that can be used as evidence against you. You can even be charged if your BAC was under 0.08% if your driving was erratic enough to warrant it.

Q: How Are Field Sobriety Tests Different From Chemical Tests in Georgia?

A: Field sobriety tests are different from chemical tests because they are voluntary and more subjective than chemical tests. Field sobriety tests are used to assess physical signs of drunkenness, whereas chemical tests scientifically measure BAC. A person could fail a field sobriety test even if they’re not drunk. Chemical tests also cannot be refused without penalty.

Reach Out to a DUI Lawyer Today

When you are facing DUI charges, you may want to reach out to a DUI lawyer to see what your options are to fight the charges. Knowing more about field sobriety tests can make you better prepared if it ever happens to you.

The legal team at Jarrett Maillet J.D., P.C. can give you everything you need to mount a strong defense. Contact us to schedule a consultation with a valued team member today.