Understanding DUI Arrests in Georgia and the Walk-and-Turn Test
The Walk and Turn (WAT) test is one of three standardized field sobriety tests (SFSTs) validated by the National Highway Traffic Safety Administration (NHTSA) to, when administered properly, show the presence of alcohol in a driver suspected to be impaired. It is a test that police frequently administer during traffic stops when they are investigating a potentially impaired driver. Though the NHTSA recognizes the WAT test as a test that can indicate the presence of alcohol, this test is not foolproof and is often administered improperly. Also, it is not validated to show actual impairment or the presence of drugs; it is only validated to show the presence of alcohol. Importantly, you have a right to refuse to participate in any SFSTs in Georgia and that refusal generally cannot be used against you in court.
As an expert DUI defense attorney, we will thoroughly investigate your case, including the types of and manner in which SFSTs like the WAT test were administered. A proper DUI defense requires an expert understanding of the nuances of this test, its potential for inaccuracies, and the factors that can undermine its reliability as evidence of impairment. At Owens Law, P.C., we use our skills and resources to ensure you receive the best representation possible. Contact us at (678) 470-7638 to schedule an initial consultation and learn more about how we will help you fight your DUI charge to its conclusion.
What is a Walk and Turn Test (WAT) in Cobb County, Georgia?
The walk-and-turn test is a standardized field sobriety test typically used by the police during a DUI investigation to determine whether a driver is impaired. This test is what's known as a divided attention test in that the officer judges you on your ability to focus on several different physical and mental tasks at one time.
How is the Walk-and-Turn Test (WAT) administered in Douglas County, Georgia?
The WAT test is divided into two different phases: the instructional phase and the performance phase. During the instructional phase, the officer is supposed to clearly instruct and demonstrate to you what they are asking you to do before you begin the test. They are also supposed to ask if you understand and repeat the instructions if you aren't clear on what they are asking you to do.
The performance phase involves walking in a straight line, heel-to-toe, for nine steps with your arms at your side; then turning around in a specific manner and walking nine steps back in the same manner as the first nine.
The WAT test is supposed to only be performed if certain conditions are met:
- A designated straight line is available
- A reasonably dry, hard, level non-slippery surface is available
- Adequate room for you to complete nine steps
- An option to remove shoes with heels
Problems with the Walk-and-Turn Test in Atlanta, Georgia
The walk-and-turn test is not a reliable way to determine unlawful intoxication. Problems often involve how the test is administered, pre-existing physical or mental conditions, and unsatisfactory environmental conditions.
Police Error
The police make mistakes. They may not provide proper instructions or may interpret the test improperly. For example, an officer may count a person's slow walk as a clue for stopping while walking. Slow walking, however, is specifically identified by the NHTSA as not stopping, but it can be hard to determine what's slow and what's stopping. It all depends on the point of view or interpretation of the officer.
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Contact Owens Law, P.C. in Atlanta Today
Walk-and-turn tests are often unreliable and can be challenged. At Owens Law, P.C., our expert DUI defense lawyer will review the circumstances of your DUI arrest and challenge any results from field sobriety tests, breath tests, or blood tests. When appropriate, we will file motions to exclude the results from evidence.
Contact us today by filling out the online form or calling us at (678) 470-7638 to schedule an initial consultation.
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