Georgia DUI Field Sobriety Tests
Georgia DUI officers are trained on the NHTSA approved three test standardized field sobriety testing battery. These three tests are: 1) the Horizontal Gaze Nystagmus, 2) the Walk and Turn, and 3) the One Leg Stand.
HGN
The HGN test has been determined to be the most reliable (77% - 88% reliable if administered correctly) of the three tests mentioned above. It is the only one of the three that has been found to be a "scientific" test. Nystagmus is an involuntary jerking in the eyes. A good portion of the population experiences nystagmus naturally in the eyes, but alcohol can make it more pronounced. You are supposed to hold your head still and follow the stimulus (pen, finger or light) with your eyes only.
The officer looks for lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation and onset of nystagmus prior to 45 degrees. If this test is administered improperly, it has little or no reliability. He looks for three clues in each eye, for a total possible six clues. If the officer thinks that he observes four clues, you have met the arrest criterion per his training.
HGN has the potential to be the most damaging test of the three and therefore is the most critical to attack on cross examination or with an expert witness of your own. There are about 100 different non-alcohol related causes of nystagmus in the eyes.
Walk & Turn
This test is known as a "divided attention" test. This means that you are being tested not just on physical performance or balance, but on paying attention and following directions as well. You are put into an awkward stance for a prolonged period of time while the officer explains the test to you. You are suppose to take nine heel to toe steps forward, turn while pivoting off your front foot and then take nine heel to toe steps back while counting your steps out loud.
The officer is looking for inability to maintain balance in the instruction phase, missing heel to toe, stepping off the line, improper number of steps, improper turn, failing to count out loud, using arms for balance and failure to complete the test. If you do any two of the things, you have met the arrest criterion.
One Leg Stand
The one leg stand is also a "divided attention" test. The officer will have you raise one foot of your choosing approximately 6 inches off the ground and count out loud until he tells you to stop. During the test you are suppose to look down, count out loud, keep your arms by your side and point your toe out.
The officer is looking for sway, raising your arms, failing to count out loud, putting foot down, stopping too early, losing balance, failure to look at your foot, point toe etc... If you show two clues, you have met the arrest criterion.
OTHER SOBRIETY TESTS NOT APPROVED BY NHTSA
ABC's
The officer will have you recite some portion of the alphabet and instruct you to say it without singing it. There have been no studies to determine what correlation any mistakes made mean in regard to impairment. Stress, fatigue, fear and conditions can play a part in this just the same as any other FST.
"Romberg"
While not a true Romberg test, this modified Romberg is gaining popularity as more and more officers attend DRE school. This test also has an unknown reliability. The officer will have you lean your head back, close your eyes and estimate the passing of 30 seconds. The officer is looking for body sway, eyelid tremors and improper estimation of the passage of time. It should be noted that leaning your head back shifts your center of gravity causing sway as your body tries to return to center. Eyelid tremors can be caused whenever the vestibular system is disturbed.
Orientation to time and place
The officer is asking seemingly simple questions like "What time is it?", "What day of the week or date is it?" What street and cross street are we on?