Failing the Roswell Field Sobriety Test
Picture this: you're traveling along a Georgia highway, when suddenly you see flashing lights behind you and a Roswell police officer is ordering you to pull over. As you hand over your driver’s license, proof of insurance, and vehicle registration, the officer asks you to step out of your vehicle and perform a series of field sobriety exercises. Once you comply, you are shocked to be arrested for failing the Roswell field sobriety test. What do you do now? Your first step should be to call attorneys Frank Gomez & William Head—one of the most experienced DUI defense attorneys in the state.
Although field sobriety tests involve performing a series of seemingly simple exercises, such as standing on one foot or walking an invisible straight line, it is important to realize that these so-called “tests” are inherently designed for failure.
How so? Well, because whether you pass or fail is based solely upon the officer’s observations, your test results are far from scientific. In fact, they’re entirely subjective. What’s more, because your performance is being evaluated by a person who already suspects of driving under the influence, they’re also quite biased—which means many motorists are arrested for DUI based on flawed field sobriety test results.
To demonstrate this bias, consider this: in a recent study, police officers were asked to review videos of participants performing common field sobriety tests. Although all of the subjects were completely sober—having a 0.00% blood alcohol content (BAC) at the time they were tested—the officers gave 46% of them a failing grade! Had these tests been real, this means those individuals would have most likely been arrested and charged with DUI, despite the fact that they were not intoxicated.
Fortunately, because of their subjectivity, field sobriety tests are voluntary under Georgia state law. In other words, you are not legally required to perform them. Indeed, it is best to politely decline to perform any type of field sobriety test if you are ever asked to do so, as your results will most likely be used against you in criminal court.
As you can see, failing a Roswell field sobriety test is far from a cut and dry matter. If you were recently arrested for driving under the influence after unsuccessfully performing one or more sobriety tests, contact attorneys Frank Gomez & William Head immediately. After defending thousands of drivers just like you, we know all too well how subjective and unreliable these tests can be for identifying intoxicated drivers.
To determine the best defense strategy for your situation, contact the Law Offices of Frank Gomez & William Head today for your free, no-obligation case evaluation and put one of the state’s most successful DUI firms to work for you.
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