Obesity affects performance on DUI Field Sobriety Test
A New Hampshire man recently was found not guilty on a DUI charge based upon failed field sobriety tests. Critics have cried foul. However, a careful review of police officer training manuals produced by the National Highway Transportation Safety Administration cry 'fair." The alleged DUI driver's defense was that he was obese and the field sobriety tests should not have been performed in the first place. NHTSA has developed 3 standardized field sobriety tests including the HGN (eye jerking test), the walk and turn test and the one leg stand to estimate blood alcohol content and to aid DUI police officers in making DUI arrest decisions. The one leg stand and walk and turn test are divided attention tests which measure one's ability to follow instructions and physical dexertity while performing a physical task. Initial studies indicated that a the HGN was 77% effective, the walk and turn was 68% effective and the one-leg stand was 66% effective under ideal conditions in a indoor environment, using a random sample of people and not on the side of the highway. Testing on the highway is impaired as the ground is not always "reasonably dry, hard, level, [debris free] and non-slippery." Further, these studies intentionally did not test those over 65 years of age, with back, leg or middle ear problems, or people who are over-weight by 50 pounds or more as these people had difficulty with sobreity tests when they were not drinking. These restrictions are not "fiction" as "watchdog" groups like MADD claim but actually come from the NHTSA field sobriety training manual use by law enforcement officers all across the country and are actually quoted from the training manual used by Georgia DUI Police officers.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.