Georgia Field Sobriety Tests
The Law Office of Lawrence Kohn |
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The Horizontal Gaze Nystagmus
Of the three field sobriety tests, the HGN is deemed to be the most accurate with a 77% to 88% reliability if administered correctly. It is also the only test thought of as “scientific”. A nystagmus is an involuntary jerking of the eyes. Alcohol consumption creates a nystagmus, however many people already have a natural nystagmus in their eyes.
The officer will ask you to hold your head still and follow an object (pen, light, finger) with your eyes only. While you are doing this, the officer looks for six clues (three clues in each eye. If the officer believes to have noticed four clues, you have failed the HGN test.
This field sobriety test has the potential to be the most damaging in court. It is critical for your attorney to attack on cross-examination or provide a witness in your favor. Plus, nystagmus can be caused by about 100 non-alcohol related factors!
The Walk and Turn
This test is known as a divided attention exam. The officer will be observing your ability to obtain balance as well as follow instructions. First, the officer must explain the test to you. Then he or she must demonstrate how to perform it. You will be told to take nine heel-to-toe steps forward, then turn and pivot on your front foot and walk back in the same manner. Your steps must be counted out loud.
The officer will look for the two clues. This could be improper balance, missing a step, not taking enough steps, not counting out loud, stepping off the line and not completing the test.
The One Leg Stand
Like the Walk and Turn, this is also a divided attention test. You will be asked to raise one foot six inches off the ground. During the test you must stay balanced, look down, count out loud, keep your arms at your sides and point your toe out.
Again, the officer will look for two clues for failure. This could be swaying, putting your foot down, losing your balance and not counting out loud.
