Field Sobriety Tests in the State of Georgia

February 17th, 2010 by admin

When you are pulled over in Georgia and suspected of driving under the influence, there are three “standardized field sobriety tests” approved by the National Highway Traffic Safety Administration that law enforcement officers can conduct. These tests are the Horizontal Gaze Nystagmus (HGN), the walk-and-turn test, and the one-leg stand test.

Horizontal Gaze Nystagmus

HGN refers to the involuntary jerking of the eye, and it typically becomes more obvious when a person is under the influence of alcohol. Of the three tests, the HGN is considered the most scientific with an accuracy rate of 77%-88% and can therefore be the most damaging if used in court.

The officer will ask you to follow a small object, typically a pen or finger, with your eyes while keeping your head still, as they watch for nystagmus (jerking of the eyes). The officer will be looking for three clues in both of your eyes, six clues total, and if they believe that four of the six were displayed you can be arrested.

The major flaw with the HGN test is that there are more than 100 different physical and medical problems that can cause HGN which are not associated with alcohol.

Walk and Turn Test

The walk and turn test measures your ability to follow instructions while performing a fairly simple physical task. The reasoning behind this test is that a sober person would find the task easy to perform, but it would be difficult for a person who is under the influence to complete.

For example, the officer will ask you to take nine heel-to-toe steps forward, turn, and repeat nine heel-to-toe steps back while counting out loud the number of steps you take. The officer is watching for multiple signs that you are under the influence, such as missing steps, taking an incorrect number of steps, counting incorrectly, not being able to maintain balance, etc. If you make two mistakes, you can be arrested. If you use your arms for balance or cannot complete the task, then the officer will count it as a failure.

A flaw with the walk and turn test is that physical problems, such as weight, physical problems, and fatigue, could be hindering your performance.

One Leg Stand Test

The one leg stand tests measures your ability to pay attention and follow directions as well as your physical ability.

The officer will ask you to stand with one foot six inches above the ground while you count out loud in thousands (one-one thousand, two one-thousand, and so on) while looking down at your foot with your arms by your side. After 30 seconds the officer will let you put your foot back down.

The officer will be watching for four signs: if you put your foot down before the test is over; if you hop; if you sway; or if you use your arms to maintain balance. If you do two of these signs, you can be arrested.

The flaw in the one leg stand test is that it may be difficult for many people to maintain this balance even while sober. Age, physical abilities, and weather conditions can all affect this test as well.

Posted in Field sobriety testing |

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