Field Sobriety Tests in Georgia DUI Cases: What You Need to Know (2025)
March 13, 2025
When a driver is suspected of driving under the influence (DUI), law enforcement officers often administer field sobriety tests (FSTs) to assess impairment. These tests are designed to evaluate a driver’s balance, coordination, and ability to follow instructions. However, they are not always accurate and can be challenged in court.
Types of Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has approved three standardized field sobriety tests that officers commonly use during DUI stops:
- Horizontal Gaze Nystagmus Test (HGN) – The police officer asks the driver to follow an object, such as a pen or flashlight, with their eyes. The officer looks for involuntary jerking movements (nystagmus), which can indicate intoxication. However, medical conditions, fatigue, or even bright lights can affect the results.
- Walk-and-Turn Test (WAT) – The driver must walk heel-to-toe in a straight line, turn, and walk back. This test evaluates balance, coordination, and the ability to follow instructions. However, uneven pavement, medical conditions, or nervousness can impact performance.
- One-Leg Stand Test (OLS) – The driver is asked to stand on one leg while counting aloud. The officer looks for swaying, hopping, or using arms for balance. Factors like age, weight, injuries, or anxiety can cause a person to fail this test—even if they are sober.
Are Field Sobriety Tests Reliable?
While FSTs are widely used by law enforcement, they are not foolproof. Studies show that even when administered correctly, these tests are only about
65-77% accurate in detecting impairment. Several factors can lead to false failures, including:
- Nervousness or anxiety – Being stopped by police can be stressful, causing even sober drivers to make mistakes.
- Medical conditions – Issues like vertigo, arthritis, or neurological disorders can affect balance and coordination.
- Weather and road conditions – Uneven pavement, rain, or poor lighting can make these tests harder to perform.
- Improper administration – If an officer does not follow NHTSA guidelines, the test results may be invalid.
Can You Refuse a Field Sobriety Test?
In Georgia, field sobriety tests are voluntary, meaning you can legally refuse to take them. However, it’s important to understand the potential consequences of refusing these tests. While you have the right to decline, doing so may lead to further scrutiny from law enforcement and could potentially influence the outcome of any subsequent legal proceedings related to your case.
What to Do If You Fail a Field Sobriety Test
If you have been arrested for DUI after performing field sobriety tests, do not panic. You may have legal defenses available, such as:
- Challenging the officer’s reason for the stop
- Questioning the accuracy and administration of the tests
- Presenting medical conditions that affected your performance
A skilled DUI defense attorney can analyze the details of your case and fight to have charges reduced or dismissed.
Contact a DUI Defense Attorney Today
Unlike breathalyzer tests, field sobriety tests are subjective and often unreliable, but failing one can still lead to serious consequences. If you have been charged with DUI, it is critical to speak with an experienced Atlanta criminal defense attorney who understands how to challenge these tests.
Call the Law Office of DeLisa Williams today for a free consultation and protect your rights.
How Much Does a DUI Lawyer Cost?
The cost of hiring an experienced DUI defense lawyer can vary significantly depending on various factors. After a DUI arrest, an attorney may assess the situation to determine whether there are grounds to challenge the results of these tests conducted during the roadside stop.
Field Sobriety Tests in Georgia DUI Cases: What You Need to Know
When a driver is suspected of drunk driving in Georgia, police officers often administer field sobriety tests (FSTs) to assess impairment. These tests are designed to evaluate whether a driver is impaired by assessing their physical coordination and cognitive abilities. However, they are not always reliable indicators of intoxication and can be challenged in court.
At DeLisa Williams, PC, we understand how subjective and flawed these tests can be. If you have been charged with DUI after performing a field sobriety test, you need an experienced Atlanta DUI defense attorney on your side.
Georgia’s Implied Consent Law
While you can refuse a field sobriety test without immediate legal penalties, refusing a breathalyzer or blood test after arrest triggers Georgia’s Implied Consent Law (O.C.G.A. § 40-5-67.1). This law states that by driving in Georgia, you have implicitly agreed to chemical testing if arrested for DUI. Refusing a chemical test can result in:
- Automatic license suspension for one year
You must appeal any license suspension within 30 days of your DUI charge.
Contact DeLisa Williams, PC for Aggressive DUI Defense
A DUI conviction in Georgia can have serious consequences, including jail time, fines, license suspension, and increased insurance rates. However, a failed field sobriety test does not automatically mean a conviction. With the right defense strategy, charges may be reduced or dismissed.
At DeLisa Williams, PC, our DUI lawyers have extensive experience challenging field sobriety tests and fighting DUI charges throughout Georgia. If you have been arrested for DUI, don’t wait—call us today for a free consultation and protect your rights.
Contact DeLisa Williams, PC at 404-800-4882.
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Facing an adverse judgment can be an overwhelming experience. A litigant may be left feeling scared, frustrated, and unsure of what to do. Luckily, this does not necessarily mean the end of the court process. It is important to know there are options. Here, we explore the grounds for a motion for a new trial in Atlanta and common reasons and requirements. If there are legal means to do so, the court can grant a new trial. In 2022, for example, an Atlanta man was granted a retrial based on an insufficiency of evidence during initial proceedings and was later acquitted. A motion for a new trial can be an important legal mechanism. Appeals and New Trials In the post-trial stage, it can be confusing to understand the proper steps to take. One of the first things that must be done is to decide if a motion should be filed for a new trial or an appeal. While similar, these two motions are fundamentally different. A motion for an appeal argues that there was a problem in the court process which caused a defect in the court process. This can include things like ineffective counsel or issues with evidence. Importantly, an appeal seeks to move the case to a higher court, in effect making a request to take it out of the hands of the court of first instance. A motion for a new trial is, in effect, a request to the ruling judge to try the same case again. While this motion, like an appeal, argues that problems occurred during initial proceedings, it does not seek to move the case to the higher courts. Rather, it submits reasons that a new trial should take place under the initial judge, and is grounded on the submission of exculpatory information. Grounds for a Motion for a New Trial A person submitting a motion for a new trial, or “movant,” can make their claim on several grounds. This must be done within 30 days of the initial court judgement. In the state of Georgia, this motion is made possible by Article 2, Chapter 5, Title 5 of the Georgia Code ( §§ 5-5-20 ), which recognizes the following as legitimate grounds for a new trial: I nsufficiency of evidence. This could mean several things, including any errors committed by the court through illegal admissions of evidence or exclusion of exculpatory evidence. Newly discovered evidence. For this to be valid, the evidence must have come to the movant’s knowledge after the trial, and a legitimate reason must be offered for the party not being aware of it before then. The evidence should be consequential and likely to have a bearing on the original outcome of the initial court decision. A contradiction between the judgment and the evidence presented. This occurs when the legal judgment of the court stands in direct conflict or contradiction with the facts presented to the court. This can happen when evidence is interpreted mistakenly or when the evidence presented is clearly exculpatory. Legal errors during trial proceedings. Sometimes errors happen in the pre-trial or trial procedure. If there was impropriety in things like jury instructions, use of inadmissible evidence, or other irregularities that can be shown, there may be a legitimate reason for a new trial. Atlanta Court Backlogs As of June 23, 2023, Fulton County’s Magistrate Court reported over 307,000 case filings since January 1, 2019, with approximately 171,010 landlord-tenant cases. Of these, 14,643 remained open, with 6,952 awaiting a trial date, indicating a significant backlog in eviction-related cases. Court backlogs can delay dates for setting retrials. FAQs Q: How to Win a Motion for a New Trial? A: To be successful in a motion for a new trial, you should be prepared with your filings and justifications. Drafting the motion is crucial. Clear, precise justifications must be given. If, for example, there is new evidence, it must be shown that it serves an exculpatory function. Likewise, justification must be given for it not having been included previously. Being prepared and understanding the guidelines are fundamental when filing a motion for a new trial. Q: What Are the Grounds Upon Which a Court May Grant a New Trial? A: In the state of Georgia , under Title 5 of the Georgia Code, a court may grant a new trial due to newly discovered evidence, problems with the initial evidence presented at the initial trial, and any legal errors that can be shown to have been made as well. In addition, if it can be shown there was a contradiction between the judgment and the evidence presented in the original case, a motion may be granted. Q: What Is the Federal Rule for a Motion for a New Trial? A: Under Federal Rule of Civil Procedure 59 , a motion for a new trial in a federal court must be filed within 28 days after the entry of judgment. The court may grant a new trial if the verdict is contrary to the weight of evidence, involves legal errors, or other reasons that justify a new proceeding, such as juror misconduct or newly discovered evidence. The decision to grant a new trial is within the trial court’s discretion. Q: Can an Attorney Help Get a New Trial in Atlanta? A: A skilled lawyer can help secure a new trial in Atlanta by filing a motion within 30 days of the judgment, demonstrating errors like insufficient evidence, legal mistakes, or juror misconduct. They can gather new evidence, such as uncalled witnesses or exculpatory material, and argue how trial irregularities violated the defendant’s right to a fair trial. If denied, an experienced attorney can appeal to a higher court, leveraging their skills to navigate strict deadlines and complex legal requirements. Speak with an Experienced Lawyer Today Seeking a new trial is a legitimate option should new evidence or extenuating circumstances arise. The process can be complex, and it is critical to have sound legal advice. At The Law Offices of Delisa Williams, PC , our attorneys have a track record of success when it comes to representing and advocating for clients. Contact us today to discuss developing a motion for a new trial. See Related Posts: 2025 Eligibility for Record Restriction in Atlanta: Do You Qualify The Benefits of Record Restriction in Georgia: A Second Chance at Success 
If you are charged with a crime in Georgia, you may face a range of consequences, from serving jail time, paying fines, being on probation, or being ordered to do community service, depending on the crime. However, another penalty is having a criminal record, which can not only stain your reputation but also impede you from obtaining a range of opportunities. Therefore, if you have a criminal record, you should understand how eligibility for record restriction in Georgia works. At The Law Office of Delisa Williams, PC, we provide criminal defense for a myriad of crimes . Whether you have been charged with a misdemeanor or a felony, our lawyers have top-notch skills, extensive experience, and provide the individualized attention necessary to help our clients reach successful outcomes. What Is Record Restriction? If you commit a crime, it will likely appear on your permanent criminal record. Criminal records in Georgia are maintained by the Georgia Crime Information Center (GCIC) and contain identifying information, arrest records, and judicial dispositions. These records are viewable by law enforcement agencies, courts, certain public agencies, employers, and the offenders themselves. According to the Prison Policy Initiative, roughly 38% of adults in Georgia have a criminal record . Of the over 200,000 adult arrests reported statewide, many were for misdemeanors that may qualify for restriction. Because criminal records are viewable to public agencies and employers, having a record can impede your ability to obtain employment, certain licenses, educational opportunities, and even housing. This is why many people seek to get their records expunged or restricted, also known as record sealing. This distinction is beneficial to many offenders because it means that even though the record is still accessible to courts and criminal justice agencies, it is hidden from the public, helping offenders regain their abilities to obtain jobs, housing, licensing, and educational opportunities. Georgia Record Restriction Laws In Georgia, offenders can get up to two misdemeanors restricted from their criminal record. Record restriction laws are pursuant to O.C.G.A. §35-3-37, which outlines the procedures for record restriction, eligibility, and other key factors. To get your record restricted in Georgia, you should contact the prosecuting attorney. If your arrest occurred in Georgia , you may need to contact the SOLICITOR'S OFFICE or DISTRICT ATTORNEY'S OFFICE for misdemeanor restrictions or the District Attorney’s Office for felony charges not resulting in conviction. It is wise to hire a criminal defense lawyer to begin the process for getting your record restricted, whether it is done by application or with the prosecuting attorney. Your lawyer can help you navigate your application and help you with other legal complexities when submitting your request. Record Restriction Eligibility Only certain charges are eligible to get their records restricted or limited from public view. Your lawyer at The Law Office of Delisa Williams, PC can help you determine if you qualify, but generally, the following criteria must be met for record restriction in Georgia: Your case ended with a not-guilty resolution. Your sentence was downgraded. Your criminal conviction was an eligible misdemeanor with the following criteria: You completed the terms of your sentence. You have not been convicted of a crime in at least four years, with certain exceptions. You do not have any pending charges. Generally, felonies are not eligible for restriction by Retro-Active First Offender is a viable tool in removing certain felonies. However, some crimes that are not eligible for record restriction, pursuant to O.C.G.A. §35-3-37, and include: the Misd. not eligible for record restriction are Family violence simple assault and battery, with the exception of youth offenders Family violence stalking Child molestation Public indecency Sexual battery Penalty for Attempting to Obtain Restricted Records The purpose of the record restriction law is to provide for the sealing of criminal records so that offenders have a second chance at life without obstacles. Therefore, violating this law by attempting to view or obtain restricted records is met with consequences. Specifically, if a person illegally obtains or even attempts to obtain sealed or restricted records, they may be met with the following penalties: Paying fines up to $5,000 Serving up to 2 years in jail Or both penalties These penalties also apply to individuals who disclose or attempt to disclose security and privacy methods related to restricted records and other criminal justice information. FAQs Q: How Do I Get My Record Restricted in Georgia? A: The process for getting your record restricted in Georgia depends on your case outcome. If your case met non-conviction criteria, such as getting dismissed or resulting in acquittal, then restriction occurs automatically if you were arrested after July 1, 2013. Nevertheless, following up with the prosecutor is recommended. However, if you were arrested before July 1, 2013, you must fill out an application and submit it to the arresting agency. Q: What Is the New Law for Restricting Convictions in Georgia? A: Georgia’s new record restriction law, Senate Bill 288 , took effect on January 1, 2021. It allows those with certain misdemeanor convictions to restrict those records from public view if they have had no new offenses for four years. The law aims to remove barriers to opportunities, such as employment, housing, and education. Although the records are limited from public view, criminal justice agencies and judicial officials are still able to view the records. Q: What Qualifies for Restriction in Georgia? A: Only certain records qualify for restriction in Georgia. First, typically, only misdemeanors and only certain misdemeanors are eligible for restriction. Specifically, to be eligible for record restriction, you must have met the following criteria: Your conviction must have ended in a not-guilty disposition. You must have completed your sentence. You must not have been convicted of a crime in four years. You must not have any pending cases. Q: Do Felonies Go Away After 7 Years in Georgia? A: No, there is no specific law that states felonies go away after seven years in Georgia. Generally, felonies permanently remain on your record. To get your record expunged or permanently cleared, you should contact a lawyer to advise you of the process. However, certain records can be restricted if they meet eligibility requirements and if you go through the proper channels to request the restriction. Contact an Experienced and Fierce Lawyer Today If you believe your criminal record is eligible for restriction, you should contact us right away . You deserve a second chance and the ability to seek employment, housing, and other opportunities without the barrier of a record. At The Law Office of Delisa Williams, PC, we are here to help you get your life on track and earn your freedom. See Related Posts: Falsely Accused of a Crime in Georgia How Much Does a Criminal Defense Lawyer Cost in Georgia? 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