Should I Take a Field Suwanee & Gwinnett County

Should I Refuse A Field Sobriety Test?

Know your rights in Georgia. We serve clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.

Refusing A Sobriety Test

When a police officer pulls you over for a suspected DUI, it’s the $100,000 question.

Should I refuse to take the field sobriety evaluations if you have been stopped and asked to do so?

First, Field Sobriety Evaluations ARE VOLUNTARY. You are not required to take them; however, officers are not required to tell you that they are voluntary. Generally, in an investigative situation, an officer will just begin instructing you to do things but will not let you know your participation is not required unless you inquire.

Second, there is a lot of subjective interpretation involved in field sobriety evaluations. Most of what an officer observes on the side of the road cannot be seen on a video (if there is one). Therefore, as attorneys, we are left with the officers’ observations when assessing your case and what manifestations are exhibited on video.

Finally, field sobriety evaluations, overall, can be affected by external variables that have nothing to do with impairment. Unfortunately, it is very difficult for anyone to tell whether the “clues” exhibited on any of the tests (other than the HGN evaluation when performed properly) were caused by impairment or something unrelated altogether.

Based upon that, it is our opinion that field sobriety evaluations do nothing to help your cause. However, it is your decision and YOU are the only one encountering that decision at that time.

Whatever decision you made at the time was the decision you made. We will deal with it as it stands. Honestly, it has been our experience on many occasions where field sobriety evaluations have helped me exonerate my client; however, remember every case is different as are people’s individual circumstances.

Whether you took fields or not there is always a chance. Give our law firm a call and let us help you.

Contact Your DUI Lawyer Today

If you’re facing DUI charges in Gwinnett County, you need a skilled criminal defense lawyer on your side. At Banks, Stubbs & McFarland LLP, our skilled Georgia DUI lawyers can help you navigate the DUI litigation process. We have a proven track record of securing the best results possible in our clients’ DUI cases. Our legal team will investigate your case and develop a compelling DUI defense strategy. Contact us today to schedule your initial consultation to learn how to protect your legal rights throughout the DUI litigation process.

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Our Service Area

We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Atlanta law firm as soon as possible to learn how we advocate for your best interests.