What Evidence Can Challenge Field Sobriety Tests?
Field sobriety tests are commonly used by law enforcement in Georgia to assess whether a driver is impaired, but these tests are far from foolproof. In fact, various types of evidence can be used to challenge their accuracy and reliability in court.
From medical conditions and physical limitations to environmental factors and officer errors, defendants have several avenues to dispute the validity of these tests. Knowing what evidence can undermine field sobriety results is crucial for anyone facing DUI charges in Georgia.
At Kyle H. Jarzmik Law in Atlanta, Georgia, I'm dedicated to fighting for your rights and challenging the evidence brought against you as an experienced criminal defense attorney. Here, I'll explore the most effective ways to question and potentially invalidate field sobriety test findings.
Medical Conditions and Physical Limitations
One of the strongest ways to challenge field sobriety test results in Georgia is by presenting evidence of medical conditions or physical impairments that could affect performance.
Field sobriety tests often require balance, coordination, and precise motor control—abilities that can be compromised by many legitimate health issues. Conditions such as vertigo, inner ear infections, arthritis, neurological disorders, or even past injuries can easily lead to a false impression of impairment.
If the driver has documentation or testimony regarding these conditions, the reliability of the test can be brought into serious question. A skilled criminal defense attorney can use this evidence to argue that the test results were misleading or invalid.
Environmental and Situational Factors
Even perfectly healthy individuals can struggle with field sobriety tests under unfavorable conditions. Courts may consider the surroundings and circumstances under which the test was administered to determine if the results are truly indicative of impairment or simply a result of poor testing conditions.
Some of the factors that may diminish the reliability of a field sobriety test include:
Uneven, slippery, or sloped testing surfaces (gravel, grass, or wet pavement)
Poor lighting or heavy traffic distractions during nighttime stops
Inadequate footwear, such as high heels or flip-flops
Inclement weather like rain, wind, or cold temperatures
Loud noises or flashing lights that could cause confusion or disorientation
Documenting or capturing any of these conditions through photos, video, or witness accounts can significantly bolster a challenge to the test’s credibility.
Law Enforcement Mistakes and Procedural Errors
Field sobriety tests must be administered according to standardized procedures set by the National Highway Traffic Safety Administration (NHTSA). If an officer deviates from these protocols or fails to provide clear instructions, the validity of the results can be compromised.
For instance, miscounting steps in the walk-and-turn test, failing to demonstrate each part of the test, or not observing the suspect from the proper angle during the horizontal gaze nystagmus test could all be grounds for challenging the outcome.
In some cases, dashcam or bodycam footage can serve as crucial evidence to reveal whether the test was performed incorrectly.
Lack of Probable Cause for the Stop
Before a field sobriety test is even administered, the traffic stop itself must be legally justified. If the officer didn't have a valid reason—such as a traffic violation or reasonable suspicion of impaired driving—to initiate the stop, any evidence gathered afterward, including field sobriety test results, may be inadmissible in court.
Challenging the legality of the stop can be a powerful defense strategy, especially if dashcam footage or witness testimony suggests the driver was obeying all traffic laws at the time of the stop.
Inconsistent Officer Testimony
The credibility of an officer's observations and statements can make or break a DUI case.
If an officer provides inconsistent accounts of the driver’s behavior, appearance, or performance on the test—either during the initial police report, at a hearing, or during trial—this discrepancy can undermine the reliability of the field sobriety test results.
Defense attorneys often use cross-examination or prior video evidence to expose these inconsistencies and cast doubt on the prosecution’s case.
Video Evidence Contradicting Impairment
Many law enforcement vehicles in Georgia are equipped with dashcams, and officers often wear body cameras as well. This footage can sometimes tell a very different story from what's written in the police report.
For example, a video may show the driver standing steadily, responding clearly to questions, or completing the tests with minimal difficulty—all of which can contradict claims of visible intoxication.
When available, video evidence can be one of the most persuasive tools in challenging field sobriety test findings. A knowledgeable criminal defense attorney can review this footage to expose inconsistencies in the officer’s report and strengthen your defense.
Improper Test Instructions
The effectiveness of field sobriety tests relies heavily on the clarity and accuracy of the officer’s instructions. If a driver is confused by vague, rushed, or incomplete directions, their performance may not reflect impairment but rather a lack of understanding.
Miscommunication is especially relevant for non-native English speakers or individuals with hearing difficulties. Demonstrating that the officer failed to properly explain or demonstrate the test can be a compelling argument in court.
Fatigue or Emotional Distress
A driver’s mental and physical state at the time of the test can significantly affect their performance. Fatigue from long hours of driving, anxiety from being pulled over, or emotional distress due to a personal crisis can mimic the signs of intoxication, such as unsteady balance, delayed responses, or difficulty following directions.
These factors are rarely considered by officers in the field but can play an essential role in the courtroom when contesting a DUI charge. A criminal defense attorney can present these factors effectively, helping to demonstrate that the driver’s performance was due to stress or fatigue, not impairment.
Non-Standardized Field Sobriety Tests
Only three field sobriety tests are standardized by the NHTSA: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). Any other tests used by officers are considered non-standardized and are generally less reliable and more subjective. Examples of non-standardized tests include:
Reciting the alphabet (forwards or backwards)
Counting numbers in reverse
Touching nose with eyes closed
Standing with feet together and tipping the head back
If any of these tests were used to justify an arrest, their lack of scientific validation can be challenged as unreliable evidence in court.
Witness Testimony Supporting Sobriety
Third-party witnesses can provide powerful, unbiased accounts that support a driver's sobriety at the time of the arrest. Passengers, friends, bartenders, or even bystanders who interacted with the driver shortly before or during the stop may be able to testify that the driver showed no signs of impairment.
Their observations—such as normal speech, coordination, and behavior—can directly contradict the officer’s report and undermine the reliability of the field sobriety test results. When credible, this type of testimony can be instrumental in creating reasonable doubt.
Challenging the results of a field sobriety test in Georgia isn't only possible—it’s often essential to building a strong DUI defense. From medical issues and poor testing conditions to officer error and supporting witness testimony, there are many ways to cast doubt on these often-unreliable tests.
If you’ve been charged with DUI, working with an experienced criminal defense attorney can help you uncover the evidence needed to question the validity of the stop and fight for the best possible outcome in your case.
Contact a Criminal Defense Attorney Today
If you’re facing DUI charges and believe your field sobriety test was unfair or inaccurate, don’t wait to protect your rights. My firm, Kyle H. Jarzmik Law, represents clients in Atlanta, Fulton, Cobb, Dekalb, Gwinnett, Cherokee, Douglas, and Paulding County. Contact me today to speak with an experienced criminal defense attorney who can help you build a strong defense.