Improper Arrest: Coerced Field Sobriety Tests

If an officer threatens to arrest someone unless the person participates in the roadside dexterity experiments, the results of the field sobriety tests should certainly be suppressed. If the officer based his decision to arrest on those same FST’s, the arrest should be invalid. Similarly, in Georgia, unlike most other states, if a person is in custody, he should be read his Miranda rights before administration of FST’s.

More Key Points to Win a DUI Case in Court

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness