701 Georgia Drivers Got Arrested for DUI in 2025 and tested negative for alcohol and drugs

The field sobriety test given in DUI cases are far from perfect. A simple take on it is as follows: 
The NHTSA standardized field sobriety tests are the Horizontal-Gaze Nystagmus Test (HGN), the Walk and Turn Test (W&T) and the One-Leg Stand Test (OLS). In the HGN Test, the officers are looking for an involuntary jerking of the eyes cause by alcohol. The person taking this test cannot know or feel what their eyes are doing during the test. It is also frequently very hard to see any nystagmus or jerking of the eyes on the officer's body cam. 

The Walk and Turn and One Leg Stand Test are essentially dexterity tests with multiple instruction to follow. Of course once a person is taking these tests on the roadside it is clear that they are being investigated for DUI so whether they have consumed any alcohol or drugs, people are frequently extremely nervous during these tests which does not help with the performance. Simply put-If you see someone who is "drunk" then they will look bad on a body camera video trying to stand on one leg and count out loud. The problem is that people who are NOT DRUNK or under the influence of drugs also look bad on these tests. The Walk and Turn Test has multiple instructions that if you "miss" or perform those portions of the test incorrectly, then that is counted as a "clue" of impairment. 

On the One-Leg Stand Test, the instructions include:

1. Stand with your feet together and your arms down at your side
2. When I tell you to begin,
3. Raise one foot of your choosing
4. Approximately 6 inches off the ground 
5. Then count: 1-1thousand, 2-one thousand and so on and so forth
6. Don't stop until I tell you to.

On the Walk and Turn Test, the instructions include: 
1. Stand with your feet together and your arms down at your side
2. Imagine a straight line out in front of you
3. Put your left foot on the line with your right foot in front of your left foot touching heel-to-toe
4. Don't move from that position until I tell you to begin
5. When I tell you to begin, take a series of 9 heel-to-tow steps 
6. Looking down at your feel
7. Count your steps out loud
8. When you get to the end of the 9th step, take a series of small steps, living your lead foot planted
9. Then take 9 heel-to-toe steps back

Performing these field tests when you know the instructions and are not nervous is difficult enough. If someone has had one glass of wine, then there is a great potential for being arrested based on poor performance of tests that many people cannot perform without any substances in their system. 

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