Improper Arrest: Improperly Administered Field Sobriety Tests

The roadside gymnastic tests are a tool used to make an arrest decision. These field sobriety tests have specific rules for administration and evaluation. If they are not followed, then any arrest based on those FST’s would be improper. Don’t bank on this to get a case dismissed in Georgia, however. If the trial judge chooses to believe it, bloodshot eyes and the odor of alcohol are enough to arrest a person in Georgia.

On the other hand, most jurors understand that if a police officer expects anyone else to toe the line, he or she must also play by the rules.  When an officer performs the horizontal gaze nystagmus improperly (remember him moving his finger back and forth in front of your eyes?) and he is caught doing it, your attorney's credibility soars and the officer's plummets.  When the evaluation of the walk and turn or one leg stand are hyper-critical, jurors can see beyond the officer's opinion, and they also understand that performance of these field sobriety tests can be affected by simple nervousness or not being a 25-year old athlete.  The field sobriety tests in most cases give us many opportunities to "score" during cross examination, and we enjoy doing just that.

More Tactics to Win a DUI Trial in GA

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

• Coerced 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