Field Sobriety Tests & Their Accuracy: A Recent Incident

A recent arrest in Rome, Georgia shows just how unreliable a field sobriety test can be. It is a topic we often discuss with our clients, in the courtroom and to the public, but college student McClain Fineran knows it first hand. He was arrested on October 2, 2025, after failing a field sobriety test. But when the toxicology reports came back, there were no signs of alcohol, illegal drugs, or prescription drugs found in his system.

This story is one of several getting public attention lately, thanks to an investigation by  WSB-TV. They interviewed one of my favorite expert DUI witnesses, Joshua Ott. He is a former Roswell police officer, and he spends a lot of time talking about field sobriety tests. That’s because studies show that these tests are about as accurate as a coin toss. In one 2023 study, officers had a 49% false-positive rates. In nearly half the cases, in other words, the officers interpreted the test to indicate that a sober person was intoxicated.

When Fineran was arrested last month, he contacted police when he hit a vehicle in a parking lot on the Shorter University campus. The officer asked him if he had been drinking alcohol or smoking marijuana. He responded that the only thing he drinks are energy drinks. When the officer said he was acting strange, he admitted he was very nervous and had never been accused of drinking and driving. He blew a zero on a breathalyzer test, but was arrested anyway and spent the night in jail, based on his field sobriety test.

After blood tests came back clear, Fineran’s charges were dropped. But not before Fineran decided to transfer to a new University after the ordeal.

If you are suspected of a DUI in Georgia, you do have the right to politely refuse a field sobriety test. While this may raise suspicion of an officer, they cannot force you to perform it. A refusal could be used against you in court, but so could the erroneous observations on the test.

If you have questions about your DUI case, contact our office for more help!