Field Sobriety Testing: The Right to Refuse

Drinking and driving in any amount isn’t exactly a wise decision. When a cop pulls you over and questions your sobriety, it’s absolutely crucial that you remember your rights. Anything you say could potentially be used against you and admitting to drinking or using drugs can be construed as an admission of guilt. So the first thing to keep in mind is that you don’t have to say anything beyond what’s asked of you. The second thing to remember that most police officers won’t tell you is that you do NOT have to take field sobriety tests. These include the kinds where you have to walk a line, touch your nose and perform other strange stunts to prove your sobriety. Most of these test are flawed by design and you are not required by Georgia law to take them.

Officers will almost always try to have you perform field sobriety tests and on-sight breath tests after stopping you, as well as blood alcohol tests after your arrest. You may refuse to take part in any of these tests and it is often in your best interest to do so. These tests are not performed according to any real scientific method and the officers conducting the tests are frequently unfamiliar with the right methodology. Ultimately, this can lead to wildly inaccurate results. The Gage Law Firm has years of experience in DUI litigation and challenging these tests. You can rest assured that we will challenge any supposed scientific evidence of your intoxication being used against you.

All in all, refusal will limit the evidence the State has at it’s disposal, although it will mean that you need to challenge the administrative suspension that comes with it, something The Gage Law Firm has plenty of experience doing. The good news is that, even if you submit to sobriety testing and it seems to generate some incriminating evidence, the results are challengeable in court. At The Gage Law Firm, one of the first things we examine when handling a DUI case is the method the tests were performed and the reasoning behind the officer’s stop in general. The Breathalyzer is the most common tool used by law enforcement to test for blood alcohol concentration of the arrestee and the numbers generated by this machine are admissible in court as long as it was performed properly. Several procedures must be properly followed for the results to be legitimate. First, a person must have been read Georgia’s Implied Consent language. The arresting officer must have reasonable suspicion to pull you over and probable cause to arrest you for DUI. The person operating the machine must have been thoroughly trained, the machine must be properly calibrated and multiple results must fall between an acceptable range of deviation. Lastly, he or she must honor your choice of testing method.

Any deviation from these requirements may give you an opportunity to question your “official” BAC. Other circumstances, including medical conditions and certain medications, should also be taken into consideration. There is a great number of ways to potentially challenge all forms of BAC testing and when you bring our DUI case to The Gage Law Firm, you know you’re working with attorneys who have dealt with them all. Call The Gage Law Firm today to further discuss your case!

Leave a Reply

Your email address will not be published. Required fields are marked *