Marietta, Georgia, Field Sobriety Testing
Many people do not realize that they have the right to refuse a field sobriety test. Even if you were recently arrested or charged with a DUI and performed a field sobriety test, you may challenge the officer’s opinion of your “failed” performance. At Gentry, Smith, Dettmering, Morgan & Schnatmeier, LLP, we have significant experience in aggressively challenging field sobriety evidence on behalf of DUI defendants.
Our firm has experience in challenging field sobriety evidence in court and will effectively assert your rights in the defense of your case. Contact us to learn more about rebutting field sobriety testing evidence.
While the tests were developed and implemented as an indicator of driver impairment by law enforcement officials, they are not scientific evidence or proof of a driver’s impairment or actual BAC. When a police officer attempts to use the evidence as proof of impairment to a judge or jury, an experienced attorney can often effectively challenge the allegations by rebutting the evidence. We have the training and experience to identify field tests have been administered improperly by the police and we will use the officer’s errors to attack the validity these tests.
Field sobriety tests include:
The Horizontal Gaze Nystagmus (HGN) Test: When administered correctly this test is considered the most reliable, however an untrained officer could easily make a mistake. Our attorneys are experienced in assessing the results of the test given the margin of error and the possibility of poorly trained officers.
The Walk and Turn Test: This test assesses your ability to perform an 18- step walk and turn task (9 steps out and 9 steps back). The test is intended to demonstrate a lack or impairment of motor skills caused by the consumption of alcohol. Your performance is primarily subjective and based on an assessment by the administering police officer. In some cases, results could be influenced by a physical impairment other than alcohol consumption, prescription drug use, stress, or simply an inability to perform the task regardless of the presence of alcohol. When this test is used as evidence against you, we will aggressively challenge law enforcement officials and identify other reasons that you may not have performed adequately.
The One-Leg Stand Test: The OLS test is again a test of motor skills designed to measure your ability to stand on one leg. While you are trying to balance, an officer will seek to divide your attention with other instructions. Again, this test is not reliable as it is based upon the opinion of an administering officer. When you are charged with a DUI and given a field sobriety test such as OLS, we will effectively challenge the evidence submitted against you and the results of your field sobriety test.
Contact Gentry, Smith, Dettmering, Morgan & Schnatmeier, LLP today for a free consultation with an experienced Marietta, Georgia, lawyer. We provide aggressive, results-driven advocacy in DUI/DWI defense cases. We are experienced in challenging breath test and field sobriety test evidence.
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