Should I have taken the DUI field sobriety tests in Dunwoody, Georgia?

Posted by William H. Sherman on Jul 10, 2016 | 0 Comments

Question:  I was driving on Ashford Dunwoody Road when I was stopped by a Dunwoody police officer for speeding. The cop seemed nice so, when he asked, I told him that I had three mixed drinks over about four hours when I was at dinner with my wife.

I said I drank some Scotch with water, just like I always do with dinner. The cop must have thought that I was drunk so he asked me to get out of the car for some tests that he called field sobriety tests. He said the tests would let him know if I was intoxicated or not.

So I took the tests that he wanted me to do. I thought I passed them because I didn't make any major mistakes, although I did almost lose my balance twice. I have a bad back from the Army and from wrestling in high school so although I couldn't do them perfectly, I thought I did fine and passed.

After I took the tests the cop asked me to take a blow test; I said yes and then he gave me the breath test but he didn't tell me how I did. Then, all of a sudden, he put handcuffs on me and arrested me for DUI.

Now I'm wondering if I should have taken the field sobriety tests. I took them but maybe I shouldn't have. Is it a good idea to take the field sobriety tests? I have never had a drunk driving charge before and I have a great driving record, except for a couple of tickets.

B.L. Dunwoody, Georgia

Answer:  You should usually decline to take the field sobriety tests. They are unscientific, often incorrectly administered and merely provide evidence to prosecute you for DUI. That is especially true, as in your case, where there is an injury that can impact your performance on the tests.

Many people suffer from injuries or conditions that make the tests unreliable. Indeed, many people have chronic neck, leg or back problems. Other people have eye-related issues like nystagmus.

The tests are graded using “clues” that the officer identifies while a suspect is performing the tests. The more clues found, the higher the likelihood that the person is intoxicated, according to the official test protocol.

About Us

Call us when you get arrested for DUI. We can answer your questions. Our phone number is 678-215-4106.    

We've got the experience to handle your Dunwoody DUI charge, including having served as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney.

When you need the services of an outstanding an outstanding defense team, make attorneys Valerie W. Sherman and Bill Sherman your first choice!

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”