Being stopped for suspected DUI can quickly become stressful. After speaking with you and observing your driving, a police officer may ask you to step out of the vehicle and perform a series of roadside exercises commonly known as field sobriety tests.
Drivers often assume they are legally required to perform these tests. But field sobriety testing and Georgia’s state-administered chemical testing are not the same thing, and confusing the two can have significant consequences.
If you are stopped for suspected DUI in Savannah or elsewhere in Chatham County, understanding that distinction can help you better understand your rights and what may happen next.
What Are Field Sobriety Tests?
Field sobriety tests are roadside exercises officers use during DUI investigations to look for possible signs of impairment.
Common tests may include:
- Horizontal gaze nystagmus (HGN)
- Walk-and-turn
- One-leg stand
An officer may also make observations about a driver’s balance, coordination, ability to follow instructions, speech, appearance, or behavior.
These tests generally occur before an arrest, while the officer is investigating whether there is sufficient evidence to make a DUI arrest.
Can You Refuse Field Sobriety Tests in Georgia?
Georgia law distinguishes field sobriety exercises from the state-administered chemical tests covered by the state’s implied-consent law.
Importantly, the Supreme Court of Georgia has addressed the constitutional implications of field sobriety testing. In Ammons v. State, the court concluded that Georgia’s constitutional protection against compelled self-incrimination applies to certain field sobriety tests and overturned older precedent concerning evidence of a defendant’s refusal. A Georgia legislative summary of the decision explains that a person charged with DUI has the right to refuse certain field sobriety tests without that refusal being introduced at trial. (Georgia General Assembly)
That does not, however, mean refusing field sobriety testing guarantees that you will not be arrested.
An officer may rely on other observations and evidence when deciding whether probable cause exists for an arrest.
What Happens If You Refuse?
Refusing roadside field sobriety exercises does not necessarily end the DUI investigation.
The officer may consider other circumstances, such as:
- The reason for the traffic stop
- Driving behavior observed before the stop
- Odor of alcohol
- Physical appearance
- Speech or coordination
- Statements made by the driver
- Alcohol containers or other evidence
- Other observations made during the encounter
Depending on the circumstances, an officer may still decide there is probable cause to arrest you for DUI.
For this reason, the important question in a DUI case is rarely just whether a driver “passed” or “failed” a particular roadside test. A defense attorney can examine the entire encounter and the evidence supporting the arrest.
Field Sobriety Tests Are Different From Chemical Tests
This distinction is especially important.
Field sobriety tests generally involve physical or observational exercises performed during the roadside investigation.
State-administered chemical tests, on the other hand, can involve testing blood, breath, urine, or other bodily substances after a DUI arrest.
Georgia’s implied-consent law, O.C.G.A. § 40-5-67.1, addresses state-administered chemical testing. The Georgia Department of Driver Services states that refusing required chemical testing can result in a driver’s license suspension for a minimum of one year. (Georgia Department of Driver Services)
Therefore, a driver should not assume that the rules governing a roadside walk-and-turn exercise are identical to the rules governing a state-administered chemical test.
What About a Roadside Breath Test?
Another source of confusion is the handheld breath-testing device an officer may use during a roadside DUI investigation.
A roadside screening test should not automatically be treated as identical to the state-administered chemical testing requested under Georgia’s implied-consent procedures.
Georgia courts have also considered constitutional issues surrounding breath testing and refusal evidence. Georgia judicial materials discussing Elliott v. State explain that evidence of a suspect’s refusal to consent to a breath test is protected under the Georgia Constitution in the criminal-trial context. (municipaljudgesbulletin.georgiacourts.gov)
Because DUI testing rules can depend heavily on what test was requested, when it was requested, and how the officer administered it, these distinctions can become important when a DUI case is challenged.
Can Refusing Field Sobriety Tests Prevent a DUI Arrest?
Not necessarily.
Police do not need a failed field sobriety test in every case to make a DUI arrest. An officer may believe that the total circumstances establish probable cause even when a driver declines roadside exercises.
For example, the prosecution may rely on driving observations, statements, video footage, physical observations, chemical-test evidence, or other evidence collected during the investigation.
A refusal therefore should not be viewed as an automatic way to avoid arrest.
Can Field Sobriety Test Results Be Challenged?
Yes. The circumstances surrounding roadside testing can be an important part of the defense investigation.
Issues may include whether:
- The officer administered the test appropriately
- Instructions were clearly explained
- Road or lighting conditions affected performance
- Footwear or physical limitations affected the driver
- Weather conditions interfered with testing
- Body-camera or dash-camera footage supports the officer’s written account
- The officer’s observations are consistent with other evidence
Poor performance on a roadside exercise does not automatically establish that a person was driving under the influence.
The surrounding circumstances matter.
What Evidence May Be Used in a Savannah DUI Case?
A DUI prosecution can involve considerably more than field sobriety testing.
Potential evidence can include police reports, body-camera footage, dash-camera footage, witness statements, chemical-test results, photographs, dispatch information, and the defendant’s statements.
Georgia law generally prohibits driving while under the influence of alcohol, drugs, or other substances to the extent that they impair safe driving. Georgia DDS also notes the applicable alcohol concentration standards, including the .08 threshold for drivers age 21 and older. (Georgia Department of Driver Services)
A defense attorney can evaluate how the evidence was collected and whether constitutional or procedural issues affect its admissibility.
What If You Refuse a Chemical Test After Arrest?
This is where the consequences can become substantially different.
Georgia DDS states that refusing state-administered chemical testing under the implied-consent law can result in a minimum one-year driver’s license suspension. (Georgia Department of Driver Services)
Administrative driver’s-license consequences and the criminal DUI case are related but distinct matters. That means someone arrested for DUI may need to address issues involving both the criminal charge and driving privileges.
Because deadlines and available options can depend on the circumstances, it is important to have the specific arrest documents reviewed promptly.
How a Savannah DUI Defense Attorney Can Help
A DUI arrest does not mean the prosecution’s evidence is automatically valid or sufficient.
A defense attorney may review:
- Whether the traffic stop was lawful
- Whether the officer had sufficient grounds to extend the stop into a DUI investigation
- How field sobriety tests were requested and administered
- Body-camera and dash-camera recordings
- Whether probable cause existed for the arrest
- The circumstances surrounding chemical testing
- Whether constitutional rights were violated
- Whether evidence may be challenged or suppressed
Every DUI investigation is fact-specific. Small details in the sequence of events can become important when evaluating the prosecution’s case.
Speak With a Savannah Criminal Defense Attorney
If you have been arrested for DUI in Savannah, Chatham County, or elsewhere in Georgia, understanding exactly what happened during the traffic stop is an important part of evaluating your case.
Attorney Martin G. Hilliard represents individuals facing serious criminal charges in Savannah and throughout Georgia. A careful review of the traffic stop, field sobriety testing, arrest, chemical testing, and available video evidence can help identify potential issues with the prosecution’s case.
Martin G. Hilliard, Attorney at Law
219 W. York St.
Savannah, GA 31401
Phone: (912) 358-0083