Field Sobriety Tests and DUI stops are taken very seriously across Atlanta. The city’s police have dedicated DUI teams out on the roads, running checkpoints and quickly responding to any tip about impaired driving. Georgia has strict policies regarding DUI offenses, meaning that even a first-time DUI can result in significant fines, license suspension, mandatory alcohol education programs, and even potential jail time.

That’s where FSTs come in. Officers use these on-the-spot exercises like the Horizontal Gaze Nystagmus (“follow my finger with your eyes”), Walk-and-Turn and One-Leg Stand to form probable cause for arrest. But they’re far from foolproof, and innocent factors like nerves, health issues, or uneven pavement can look like signs of impairment. For Georgia drivers, knowing your rights around FSTs and how to respond calmly and confidently can mean the difference between walking away and facing a DUI charge. Let’s explore Field Sobriety Tests, exactly what to expect, what you can lawfully refuse and how the support of the best DUI lawyer in Georgia can protect your future.

What Are Standardized Field Sobriety Tests?

Officers in Georgia rely on three NHTSA-approved exercises to judge whether there’s probable cause to make an arrest. Although these tests are supposedly backed by science, they hinge on rapid observations, meaning that even tiny errors can be misread as indications of DUI.

Horizontal Gaze Nystagmus

In this test, the officer asks you to track a moving object with your eyes. They’re watching for small, jerky eye movements that can be a sign of impairment. This test is considered the most reliable of the three when done correctly, but only if the officer holds the object at the right distance, speed, and angle.

Walk-and-Turn

In this test, the officer will guide you to take those nine steps forward, turn around on one foot, and then make your way back with another nine steps. A dozen possible clues, from stepping off the line to using arms for balance, can count against you. Uneven pavement or nervous jitters can easily lead to errors.

One-Leg Stand

You balance on one foot and count out loud to 30. The officer will be watching carefully for any signs of hopping, putting your foot down, or wobbling. It’s harder than it sounds, especially on a tilted road shoulder under bright patrol lights.

Sometimes officers invent their own tests like asking you to recite the alphabet or name the months backwards. These exercises aren’t standardized or backed by science, so they’re even less reliable than the official tests.

Your Rights at an Atlanta Traffic Stop

Field sobriety tests in Georgia are totally voluntary. You can refuse sobriety exercises with no automatic penalty.

Implied Consent Applies to Chemical Tests Only

Georgia’s implied-consent law means that if you refuse a breath or blood test after arrest, your driver’s license may be administratively suspended. FSTs do not fall under implied consent. Refusing sobriety exercises on the roadside will not trigger any special penalty or automatic suspension of your driving privileges.

How to Refuse Politely

If you’re asked to perform FSTs, you can respectfully refuse with a brief, clear statement like “Officer, I choose not to participate in the field sobriety tests.” You do not need to offer any explanation beyond that. Remain calm, keep your hands visible, and comply with any lawful orders like presenting your license and insurance without engaging in the tests themselves.

Why Sober Drivers Fail These Tests

Nerves and Stress:

It is possible to lose your focus and balance due to flashing lights, sirens or overwhelming anxiety.

Health and Mobility Issues:

Pre-existing conditions such as inner-ear disorders, arthritis, back pain, or neurological issues can throw off your balance.

Roadside Hazards:

A patch of rain, ice, or loose stones can throw off your balance and make you step off the line or wave your arms to stay upright.

Officer Errors:

If an officer rushes instructions, skips a practice round, or miscounts your steps, you may misunderstand what’s expected. Even a slight deviation can be marked as an error on your field sobriety test card.

How to Respond When Asked to Perform FSTs

Comply with Basic Lawful Orders:

It's important to follow basic lawful orders. This means handing over your license, registration, and insurance when asked. If you're told to step out of the car, do so while keeping your hands visible.

Politely Decline:

When it comes to FSTs, you have every right to say no.

Invoke Your Right to Remain Silent:

After you decline, the conversation may shift to questions about drinking or “why not.” If the officer presses you for answers, calmly inform them that you would like to remain silent.

Avoid Partial or Hesitant Participation:

Hesitation, incomplete attempts, or verbal stumbles during counting can all be recorded as errors. It’s better to refuse entirely than to offer self-incriminating evidence.

Legal Consequences of Refusing or Failing

Refusing FSTs in Georgia

Under Georgia law, FSTs are purely voluntary. Refusing to perform the HGN, Walk-and-Turn, or One-Leg Stand carries no automatic penalty. Your license will not be suspended, and you will not face fines or additional charges simply for saying “no.”

Officer Suspicion

While there’s no legal sanction for refusal, an officer may view it as one factor, alongside your driving behavior, appearance, or speech, in deciding whether to arrest.

Failure & Subsequent Arrest

Two or more “clues” on any test give officers probable cause to arrest. Once behind bars, your performance notes become part of the prosecution’s case, though chemical tests carry the real weight at trial.

How Atlanta DUI Lawyers Challenge FST Evidence

Experienced Atlanta DUI attorneys know that field sobriety test (FST) results stand only as strong as the circumstances under which they were administered. Here’s how they dismantle shaky FST evidence and build doubt around your DUI field sobriety tests:

• Protocol Violations: The National Highway Traffic Safety Administration (NHTSA) sets strict guidelines for each standardized test. A single misstep like skipping the required demonstration, timing your One-Leg Stand incorrectly, or failing to mark a flat, straight line for the Walk-and-Turn, can render an entire test unreliable. A skilled lawyer will pore over the officer’s report, your field sobriety test card, dashcam footage, and training records to find every protocol violation.
• Scene Documentation: Officers are expected to assess the road conditions before they conduct a field sobriety test. Lawyers often compile photos of rough pavement, weather reports, or dash-cam footage that captures sirens and passing cars to demonstrate the distractions that can occur in real life.
• Medical Defenses: Many physical conditions like vertigo, inner-ear disorders, arthritis, orthopedic injuries, or neurological concerns can mimic intoxication in an FST setting. Working with the best DUI lawyer in Georgia will help you obtain relevant medical records, consult neutral experts and present a tailored explanation for any missteps.
• Officer Credentials: The officer’s judgement will determine your DUI field sobriety test results. Your lawyer will verify whether the arresting officer completed initial and refresher NHTSA training and whether their certification was current. They’ll also push back on subjective scoring like counting every minor sway or arm movement as proof of impairment. For the Horizontal Gaze Nystagmus (HGN) test, attorneys demand proof that the officer administered it under proper medical conditions and understands the physiological basis for nystagmus. If the officer can’t show that foundation, your lawyer will ask the court to throw out or downplay your HGN results.

Next Steps & Legal Help

Being stopped for DUI, especially after refusing or failing FSTs, can feel overwhelming. This is when you really need an experienced Atlanta DUI lawyer to take over your case. You need an attorney who knows Georgia’s DUI statutes, local court procedures, and the latest case law, can spot weaknesses in the officer’s report, preserve critical evidence and negotiate on your behalf.

At HireMeLaw, we:

• Protect Your Rights: We ensure every traffic stop and arrest procedure complies with Georgia law, from the initial detention to the administration of field sobriety and chemical tests.
• Examine Every Test Detail: Our team scrutinizes dash-cam footage, officer training records, scene photographs and medical documentation to challenge any errors or biases in your field sobriety evaluation.
• Build a Tailored Defense: Whether that means filing motions to suppress unreliable evidence or presenting expert testimony on medical or environmental factors, we craft strategies designed to achieve the best possible outcome for your case.

You don’t have to face this alone. HireMeLaw is here 24/7 to review your traffic stop, answer your questions, and lay out your next steps. Contact us for a free case evaluation, and let us fight to keep you on the road and protect your future.

Drive smart, know your rights and remember, when the unexpected happens, you’re not alone.