If you own a MR GA DUI koozie or read his blog, you’ve probably heard that he suggests not submitting to field sobriety tests when stopped by the police for driving under the influence. While experienced DUI attorney Mickey Roberts has been advising clients and Georgia drivers not to submit to field sobriety tests for years, an investigative reporter for Atlanta’s Channel 2 Action News, Richard Belcher, further solidified Robert’s advice in a recent news story.
Belcher spoke with police officers, as well as Dr. Spurgeon Cole, a retired psychology professor from Clemson University, who has been studying field sobriety tests since the 1980s shortly after the tests were first instituted. Cole told the Channel 2 reporter that when these tests were designed, police incorrectly identified 47% of the drivers as intoxicated during trials. However, the policemen that spoke with Belcher believe they are accurate. Cole stated that the tests are designed to fail drivers because there are no benchmark scores for which to compare, insinuating that even people who are sober would have a difficult time completing the tests. He went on to say that police very rarely conclude that a driver is not impaired after a field sobriety test, which the interviewed police disputed saying they’ve often seen drivers pass the tests.
Whether or not the tests are designed to fail drivers, they are voluntary in the state of Georgia. Even if the officer maintains all of the driver’s rights during a stop, you do not have to take the test when asked. You can simply say no thank you. In fact, that’s exactly what Mickey Roberts and many other Georgia DUI lawyers suggest you do. Of his four simple rules if stopped by the police, this is the one he says does not have exceptions: you should not submit to these tests. There are, of course, more than just “four rules” if you’re stopped by the police for DUI, so please visit my website for additional rules and information for what to do if you are stopped and/or arrested for DUI.
If you have been arrested for DUI or other traffic issues, check out MR GA DUI’s website to learn about the cases Mickey Robert’s won and what he can do for you. For updates on traffic violations and DUI laws, find MR GA DUI on Facebook and Twitter.