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 administrated 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 fool-proof 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) 661-1DUI (1384) to schedule an initial consultation and learn more about how 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:

1. A designated straight line is available
2. A reasonably dry, hard, level non-slippery surface is available
3. Adequate room for you to complete nine steps
4. 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.

Health Conditions

Research by the NHTSA has shown this test is not suitable for anyone who:

• is over the age of 65
• has back or leg problems
• has middle ear problems

But other health issues, whether physical or mental, can negatively affect a person's performance. Anxiety is a serious health condition. Sufferers of anxiety can experience an anxiety attack from the traffic stop alone, not to mention being asked to perform a divided attention test on the side of the road with blue lights flashing and traffic speeding past.

Environmental Conditions

The NHTSA requires a certain environment for this test to be properly performed. Unfortunately, you do not get to choose where you are pulled over for a traffic stop. There is no guarantee the ground will be level and non-slippery or that enough room will be available to safely complete the test.

Further, other environmental conditions can cause distractions and disruptions, like:

• loud, heavy traffic
• weather conditions (rain, snow, cold, heat)
• glaring sun or no sun at all, making it difficult to see

Five Ways to Challenge the Walk-and-Turn test in Sandy Springs, Georgia

If you took and failed a field sobriety test, like the walk-and-turn test, you need to challenge the test result by all means possible. These results can be used against you in court. At Owens Law, P.C., our expert DUI defense attorney may challenge the results using different strategies. The strategy used depends on the facts and circumstances.

1. Did the officer administer the tests improperly or fail to provide adequate instructions? We will review any audio or video as well as speak to you and other witnesses.
2. Did the road, traffic, or weather conditions impact performance? We can review videos, photographs, weather reports, traffic reports, and other forms of evidence.
3. Did your shoes, clothing, or health condition impact your performance? We will review your clothing and health conditions with you.
4. Was the officer's subjective assessment flawed? We will again review any videos or testimony and consider if this is a valid claim.
5. Were your constitutional rights violated? You have certain rights, and if the police violated any of these rights, evidence obtained as a result of the violation could be suppressed from evidence.

It is always critical to speak to an expert DUI defense attorney in Georgia to make sure your rights are protected.

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) 661-1DUI to schedule an initial consultation.