If you have been pulled over for DUI, the police officer may ask you if you would consent to field sobriety evaluations. Field Sobriety Evaluations are a series of tests which are, in theory, designed to aid officers draw accurate conclusions about a suspect’s blood alcohol consumption. Despite that these tests are only around 75% accurate when administered correctly, they are still thought of as legitimate tests of a person’s intoxication level by most judges and jurors. For this reason, allegedly “poor” performance on field sobriety tests can sway jurors to convict someone for DUI, even if they are not.
So is it in your best interests to perform field sobriety tests? This is a complicated question which will vary depending on the circumstances, but generally, it is better to refuse to participate in the field sobriety evaluations, as it provides the officer with less potentially incriminating evidence. It is important to bear in mind, however, that refusal to submit to field sobriety evaluations is admissible in trial as circumstantial evidence of intoxication. Taken together with other evidence of possible intoxication (slurred speech, bloodshot eyes, admission of drinking, etc.) may support an inference that the suspect was an impaired driver.
That being said, it is easier to make an argument that the officer got it wrong when they arrested you for DUI if the only evidence they have is the smell of alcohol on your breath and bloodshot eyes than if they have evidence of poor performance on field tests. Additionally, even if you refuse field sobriety tests, the officer still has the authority to arrest you. Georgia case law has held that an officer’s observation of bloodshot, watery eyes and odor of alcohol is sufficient to support an arrest for suspected DUI. If you are pulled over for DUI, even if you refuse field sobriety tests, do not be surprised if you are arrested anyway. Instead, stay calm, make no incriminating statements, and as soon as you are able, call an experienced DUI defense lawyer.
We offer free consultations to anyone who has been charged with driving under the influence. Call us today at 404-581-0999. Written by Attorney Katherine Edmonds.