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Field Sobriety Evaluation Arrest in Georgia


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"If I don't take the field sobriety evaluations at the roadside, whether it be a roadblock or a traffic stop, what's going to happen to me?" Well I can tell you what's going to happen about ninety five percent of the time. You're going to be arrested for DUI. Why is that going to happen? Well there are three reasons for that. First, because the officer is going to claim that in his or her opinion you were too impaired to drive. Yes there's no evidence really to show that, but that's what they're going to claim in their opinion. The second reason that's going to happen is that the officer is not about to let you drive away and maybe have a wreck and create civil liability based on that situation.

The third reason is that most police officers have a quota they have to make. They are required to have so many arrests per month in order to remain on the DUI task force, which is one of the preferred duties that a police officer has. Your best bet if an officer is saying, “I need you to do the field test” and it becomes an argument as the officer tries to talk you into it by various insulting sometimes and suggestive things. Such as, “Well if you haven’t been drinking, why won’t you take my handheld tester here? Why won’t you take it?” You can say, “Officer if you have any concern for my safety here's my ignition key, I’ll leave my car right here, and I'll walk home and call someone to pick me up. I'm not going to do voluntary field evaluations that are designed for me to fail and are subjectively graded. I'm not going to do that without an attorney present so here's my key, may I leave and go home right now.”

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