One of the most common next steps after being stopped for DUI in Metro Atlanta is an SFT.One of the most common things that happens when a police officer stops you for DUI in Metro Atlanta is that he asks you to perform SFTs. The Horizontal Gaze Nystagmus eye test, the Walk-and-Turn, and the One-Leg Stand are presented as objective, scientifically and objectively tested physical coordination and mental concentration tests. But, guidelines set forth by the National Highway Traffic Safety Administration (NHTSA) say these tests are only accurate when conducted under strict, controlled conditions. In reality, the combination of the varied topography of Atlanta, the heat and humidity of the summer months, inadequate footwear and underlying medical issues often lead to completely sober drivers failing to pass.

The fact of Atlanta Terrain and Environmental Setup:

An explicit part of the official training program for field sobriety tests is that physical evaluations should take place on a reasonably flat, hard, dry, and non-slippery surface. Unfortunately, Atlanta police stops do not typically occur in the ideal of conditions.

Think about Metro Atlanta’s geography. Major streets such as Peachtree Road, Piedmont Avenue, or those in the suburbs with access to the neighborhood often have loose gravel, steep inclines, and drainage crowns in the roadside ditches. Officers typically administer tests on asphalt construction zones that have narrow and rough sidewalks in highly trafficked areas of the nightlife district, such as Buckhead, Midtown or East Atlanta Village, or on highway shoulders along Interstate 75 or the Downtown Connector. It’s difficult to imagine anyone maintaining perfect form, walking a straight line heel to toe or pivoting on one foot on a steep asphalt embankment while traffic rumbles by at 65 miles per hour. Often, the officer’s own physical instability is due to the terrain and not impaired by drinking.

Heat Index, Humidity and Exhaustion

Another big challenge that police often miss is adapting to the weather in Atlanta. Extreme heat index temperatures and humidity in the summer months can greatly affect a driver’s physical condition. Physical fatigue, heat exhaustion, dehydration and muscle stiffness show similar symptoms as intoxication, such as poor physical balance, slow verbal responses, unsteadiness.

Standing on a hot asphalt, holding one foot six inches off the ground for 30 seconds can lead to muscle tremors or swaying. If an officer sees swaying or foot dropping during the One-Leg Stand, they typically think it is because the driver was intoxicated. It is actually a natural response of the body to physical strain, heat fatigue and stress.

The Impact of Footwear

One of the most overlooked factors while performing a roadside stop is footwear, which is also a major factor in balance. In the guidelines issued by NHTSA, footwear is clearly cited as a factor that can greatly influence test accuracy, with shoes rising above two inches in heel height being a no-no. High heels are prohibited during physical tests, the rules say, so officers are encouraged to ask drivers to remove them before conducting physical tests.

Officers often don’t provide this option or even consider the issue of improper footwear. High heels, platform shoes, flip-flops, heavy steel-toed work boots and smooth-soled dress shoes make precise balance maneuvers extremely difficult. Additionally, officers have their driver stand up and walk on the hot, gravel-covered roadways of Atlanta, shoes off, which makes it uncomfortable and painful for the driver, and indirectly changes their walk, which can give the impression to the officer that the driver is intoxicated.

Medical Conditions That Mimic Impairment

A driver’s physical condition within their body is a huge factor in field sobriety performance as well as outside influences. Dozens of medical conditions have physical symptoms similar to alcohol or drug intoxication.

Vertigo, labyrinthitis or Meniere’s disease can directly affect spatial orientation and lead to eye jerk causing officers to misread the Horizontal Gaze Nystagmus test. Heel to toe walking is painful and physically challenging when there are musculoskeletal issues such as previous knee or ankle surgery, lower back disc herniation, arthritis or sciatica. It can trigger physical shyness and mental fog even if it’s a common ailment such as acid reflux, blood pressure, neurological tremors, diabetes or extreme anxiety due to flashing blue police lights.

The ability to challenge flawed sobriety tests in court.Challenging Flawed Sobriety Tests in Court.

Field sobriety tests are not standardized, pass or fail tests but rather subjective tests that are based on rigid standards. The scientific validity of the test falls apart when an officer ignores uneven terrain, dismisses high heat, distrusts people wearing the wrong shoes or overlooks pre-existing medical conditions.

Video recorded by police body cameras and dashcams is crucial in a DUI defense case. Upon reviewing the video, an experienced defense attorney can bring attention to the road’s steep incline, the uneven pavement, the driver’s shoes, and any verbal communication about medical issues. By revealing those important physical and environmental facts, prosecutors and judges are forced to acknowledge that a bad performance on a roadside test was not due to a person’s level of impairment, but due to the environment and the person’s physical condition.