A recent incident covered by WSB TV in Rome, Georgia, has once again spotlighted the unreliability of field sobriety tests (FSTs) for detecting drug impairment, leaving an innocent young man facing life-altering consequences. As a seasoned Georgia DUI attorney specializing in drug-related cases, I've seen firsthand how these subjective tests can lead to wrongful arrests, even when drivers are completely sober. This case underscores the urgent need for drivers to understand their rights and seek expert legal help immediately after an arrest.

The Shocking Arrest of McClain Fineran

On October 2, 2025, 19-year-old Shorter University football player McClain Fineran did what any responsible citizen would: he called the police to report a minor accident after bumping into a parked car in an empty lot following a late-night study session. Despite blowing a perfect 0.00 on the breathalyzer—indicating no alcohol in his system—Rome police officers subjected him to field sobriety tests. Based solely on their interpretation of his performance, they arrested him for DUI drugs, claiming he was "under the influence of something other than alcohol."

Fineran spent the night in jail, enduring humiliation and fear. He insisted he doesn't drink or use drugs, attributing any nervousness to the unfamiliar situation. Weeks later, blood and urine tests from the Georgia Bureau of Investigation (GBI) confirmed what he knew all along: no traces of illegal or prescription drugs. The charges were dropped, but the damage was done. Fineran, feeling ostracized, entered the college football transfer portal, and his family worries about the lifelong stigma of a DUI arrest on job applications and background checks.

As Fineran's mother, Christine, aptly put it, "If we’re seeing people getting arrested when they’re sober and they’re not under the influence, there’s a problem." This isn't an isolated case—it's part of a growing pattern in Georgia where sober drivers are wrongly charged based on flawed FSTs.

The Science Behind the Skepticism: Field Sobriety Tests Are Far From Foolproof

Field sobriety tests, originally designed for alcohol detection, include exercises like the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN). While they have some validity for alcohol (with accuracy rates around 65-77% under ideal conditions), their reliability plummets when applied to drugs. Factors such as anxiety, fatigue, medical conditions, or even athletic build can mimic "impairment," leading to false positives.

A landmark study published in JAMA Psychiatry in 2023 examined FSTs specifically for cannabis impairment. In a randomized trial, trained officers misclassified 49.2% of sober participants (who received a placebo) as impaired—essentially no better than a coin flip. As former police trainer and Standardized Field Sobriety Expert, Joshua Ott noted in related coverage, officers might as well "flip a quarter" for drug detection.

In Georgia, similar concerns have surfaced. A WSB-TV investigation last month revealed multiple sober drivers arrested for DUI after failing FSTs, with breathalyzers showing zero alcohol. Courts and experts increasingly challenge the admissibility of drug-related FST evidence if the state can't prove scientific validity, as seen in rulings limiting such tests.

Legal Ramifications Under Georgia Law

Rome Police defended the arrest, citing probable cause under O.C.G.A. § 17-4-20, which authorizes warrantless arrests if an officer believes a crime is being committed (e.g., DUI under O.C.G.A. § 40-6-391), and O.C.G.A. § 17-4-40, which outlines warrant issuance based on probable cause. They emphasized that dropped charges don't invalidate the initial arrest, and the officer was reprimanded only for poor documentation, not the decision to cuff Fineran.

But here's the key for drivers: Probable cause is subjective, and FSTs alone often don't hold up in court, especially without chemical confirmation. In my practice, I've successfully challenged countless DUI arrests by highlighting FST flaws—nervousness from the encounter, improper administration, or lack of drug-specific training (like ARIDE certification). Georgia law requires officers to meet strict protocols, and violations can lead to suppressed evidence or dismissed cases.

What This Means for You: Protect Your Rights

Stories like Fineran's are a wake-up call. If you're pulled over, remember: You have the right to remain silent and refuse FSTs without penalty in most cases (though refusal can be used against you in some cases and result in an administrative license suspension in others). Always request a lawyer immediately.

If you've been arrested for DUI drugs despite being sober, don't let it derail your life. As a Georgia DUI specialist with over 30 years of experience, I've helped hundreds beat wrongful charges by dissecting FST evidence, securing expert witnesses, and negotiating dismissals. Contact my office today for a free consultation—let's turn the tables on unreliable tests and get you back on the road to justice.

Attorney George C. Creal, Jr. is based in Atlanta and serves clients across Georgia. Visit www.georgecreal.com or call (404) 333-0706 for immediate assistance

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