Every driver out on the roads of Georgia needs to be aware that they could be pulled over by a police officer at virtually any moment. Even though cops are not supposed to stop anyone unless they have reasonable suspicion that the driver has done something wrong, this term is so vague that they can use any reason they see fit to get your car to the side of the street. This means that you might be faced with the real possibility of being told to take a field sobriety tests, especially on weekends and at night when law enforcement assumes more people are drinking and driving. If you do find yourself in this situation, do you know what to do?
How to React to Field Sobriety Tests
First and foremost, you need to know that a field sobriety test is not mandatory. There is nothing in the Georgia Constitution or any county law that says you must take a field sobriety test or face immediate legal consequence. If you don't think submitting to a test is going to work out in your favor, don't. When the police officer tells you to take a sobriety test, ask them, "Is this test required?" If the answer is no, you are free to deny it. If the answer is yes, they might be lying because there are very few circumstances when you need to take a curbside sobriety test.
Secondly, if you do refuse to take a field sobriety test, get ready to be detained and taken back to the station for further testing. The officer will want to bring you in to get to the bottom of the matter, and to make you take chemical tests, such as breath, blood, or urine analysis. A chemical test after you have been arrested and taken to the police station should not be refused. If you refuse a chemical test, Georgia's implied consent law will immediately take away your driver's license, even if you are totally sober. Additionally, chemical test results can be challenged by an experienced DUI attorney.
Why Shouldn't You Take Field Sobriety Tests?
Do you think it is fair to be penalized based on someone's opinion, rather than facts? This is exactly the reasoning behind why you shouldn't take a field sobriety test. Each one is completely subjective and relies on nothing more than the police officer's best guess as to whether or not you were intoxicated. Standing on one leg, walking a straight line, saying the alphabet backwards, or following a bright light with just your pupils are not scientific or reliable, and neither will be the results. If you submit to a field sobriety test, the most you are doing is handing evidence straight into the hands of your legal opposition.
If your curbside tests end with you in handcuffs and facing criminal charges, the first thing you should do is use your phone call to dial 866.580.3089 to connect with Balbo & Gregg, Attorneys at Law, PC. Our Hinesville DUI attorneys can bring 25+ years of combined legal experience to your defense with the aim of getting you out of jail quickly and working on your case even faster. Contact us today for more information about how we can protect your driving privileges.