If you are pulled over on suspicion of DUI in Georgia, an officer may ask you to step out of the vehicle and perform standardized field sobriety tests, commonly the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). A common question is whether you must take them.
The short answer is no. These roadside exercises are voluntary. A respectful refusal can limit the additional observations an officer may record, but it does not prevent an arrest if the officer believes other facts support one.
Why drivers may decline voluntary roadside tests
Field sobriety exercises can be difficult for reasons unrelated to alcohol or drugs. Nervousness, age, injuries, balance conditions, footwear, weather, surface conditions, traffic, lighting, and the officer’s instructions can all affect performance.
- They create observations: The officer may record each movement, statement, or claimed clue as part of the DUI investigation.
- The evaluation depends on protocol: HGN, WAT, and OLS are standardized procedures. Their scientific reliability and admissibility depend on strict administration under the applicable NHTSA protocol. Departures from the protocol can undermine the scientific validity of the results.
- Video and records matter: Dashcam and body-camera video, reports, roadway conditions, and medical information may help evaluate whether the exercises were fairly administered and interpreted.
How to decline without escalating the encounter
Stay calm and polite. You can say, “I respectfully decline to perform voluntary field sobriety tests.” Do not argue or resist. The officer may rely on other observations, such as driving behavior, statements, or physical observations, in deciding whether to make an arrest.
Field sobriety tests are different from the state-requested chemical test
Voluntary roadside field tests are different from a later state-requested chemical test of breath, blood, or urine after the implied-consent notice. A decision about a state-requested chemical test can have separate, time-sensitive consequences. A DUI case should be evaluated as a whole, including the stop, roadside investigation, implied-consent process, chemical-test evidence, and court case—not as a license-only issue.
If you already performed the tests
Taking the tests does not decide the case. Counsel can examine the video, the officer’s instructions and scoring, NHTSA protocol, the location and conditions, and any medical or physical factors that could affect performance.
What happens if I refuse field sobriety tests in Georgia?
There is no separate penalty for declining voluntary roadside field sobriety tests. The officer may still arrest based on other observations, but a refusal can limit the additional physical-test observations gathered during the stop.
Will I lose my license if I refuse the Walk-and-Turn test?
No. Declining the voluntary Walk-and-Turn test does not by itself suspend a license. Licensing consequences may involve a later state-requested chemical test and depend on the notice, response, and circumstances of the case.
Can video help challenge field sobriety test evidence?
Video may help show the instructions given, the test conditions, and whether the standardized procedures were followed. Its value depends on what the recording and the rest of the evidence show.
Talk through the charge and the evidence
Call The Law Office of Gordon Hall, LLC to discuss your Walker County or nearby municipal-court case. Do not submit confidential facts through this website.