Field Sobriety Tests in Georgia DUI Cases

Field sobriety tests are a familiar feature of roadside DUI investigations in Georgia, but the legal framework surrounding them is more layered than the tests themselves suggest. Three specific tests carry formal scientific validation, several others are used informally, and a notable Georgia Supreme Court decision has shaped how courts think about compelled physical acts during a DUI stop.

The Three NHTSA-Validated Standardized Tests

The National Highway Traffic Safety Administration (NHTSA) has validated a battery of three standardized field sobriety tests (SFSTs), and these are the tests most commonly administered by Georgia law enforcement during a DUI investigation. The Horizontal Gaze Nystagmus (HGN) test measures involuntary jerking of the eyes as they track an object toward the periphery of a person’s field of vision, a movement that becomes more pronounced under the influence of alcohol or certain drugs. The Walk-and-Turn test is a divided-attention exercise requiring a person to walk a straight line heel-to-toe, turn, and return, while following specific instructions. The One-Leg Stand test requires the person to balance on one foot while counting aloud, again testing the ability to perform a physical task and follow instructions simultaneously. NHTSA training materials specify standardized procedures for administering each test and identify specific scoring clues officers are trained to observe.

Non-Standardized Tests Also Used in Georgia

Beyond the three NHTSA-validated tests, officers in Georgia sometimes administer additional, non-standardized tests, such as the finger-to-nose test, the Rhomberg balance test, or counting backward from a specified number. These tests lack the same body of validation research behind the standardized battery, but they are still commonly used and can be offered as evidence supporting an officer’s observations of impairment during a DUI stop.

Field Sobriety Tests Are Voluntary

Unlike the chemical testing covered by Georgia’s implied consent framework, field sobriety tests are not mandatory. A driver may decline to perform them. That said, declining is not a legally neutral act from a practical standpoint: an officer may take a driver’s refusal to perform field sobriety tests into account, along with other observations, when deciding whether probable cause exists to make a DUI arrest.

Olevik v. State and Georgia’s Broader Constitutional Protection

In Olevik v. State, 302 Ga. 228 (2017), the Georgia Supreme Court addressed how Georgia’s own constitutional protection against compelled self-incrimination applies to acts performed during a DUI investigation. The court held that the protection found in the Georgia Constitution, Article I, Section I, Paragraph XVI, is broader than the federal Fifth Amendment, extending not just to compelled testimonial statements but to certain compelled acts that generate incriminating evidence. The Olevik decision centered primarily on breath testing, but its reasoning has implications for how Georgia courts think about other compelled physical acts connected to a DUI stop. Notably, the Olevik court did not suppress the evidence at issue in that particular case; the implied consent notice given to the defendant was not found to be coercive in a way that required suppression, even though the court recognized the broader scope of the state constitutional protection.

HGN as Scientific Evidence

Because HGN testing rests on physiological science regarding eye movement, Georgia courts have treated its admission as evidence of impairment as a matter that can be challenged on scientific grounds, distinguishing it from the more straightforward observational nature of tests like the Walk-and-Turn or One-Leg Stand.

How FST Results Factor Into an Arrest Decision

Field sobriety test performance is typically considered as part of the totality of circumstances an officer weighs in deciding whether probable cause supports a DUI arrest. An officer is not required to obtain a chemical test result before making an arrest; performance on field sobriety tests alone can support an arrest under Georgia’s less-safe-to-drive theory of DUI, which evaluates whether a driver’s ability to operate a vehicle safely was impaired, separate from any per se blood alcohol threshold.

A Layered Legal Picture

Taken together, the NHTSA validation framework, the voluntary nature of the tests, and the Olevik court’s recognition of Georgia’s broader state constitutional protection against compelled acts combine to create a more layered legal picture than a simple list of “the three tests” might suggest. Each test’s scientific grounding, the voluntary character of the testing, and the constitutional doctrine governing compelled acts all play distinct roles in how Georgia courts and litigants evaluate evidence gathered during a DUI investigation.

This article provides general information about Georgia law and is not legal advice. Consult a licensed Georgia attorney about a specific situation.