SEMINOLE COUNTY DUI ATTORNEY
INFO ON FIELD SOBRIETY TESTS
If you have been stopped by a law
enforcement officer for suspicion of
DUI, you have likely been asked to
perform Field Sobriety Tests (FSTs).
During a stop, the officer first looks
for bloodshot or glassy appearance of
the eyes, any odor of alcohol on the
breath, or slurred or slow speech. Any
of these signs provide sufficient
reasonable suspicion to ask the driver
to perform a roadside field sobriety
test.
You are not required to perform Field
Sobriety Tests. If you refuse, it is likely you
will still probably be arrested for DUI.
Your case, however, may be more
difficult for the State Attorney's
Office to prosecute because of the lack
of Field Sobriety Test evidence.
Field Sobriety Tests are a series of
standardized physical and cognitive
performance tests given to a driver to
provide the law enforcement officer with
probable cause to arrest the driver for
DUI. The results of the FSTs may be used
as evidence in court. Many patrol cars
are outfitted with dashboard cameras and
any video evidence of the FST may also
be submitted as evidence.
There are three sanctioned field
sobriety tests in Florida:
Horizontal Gaze (Nystagmus): An
officer will hold a pen or other object
in front of the suspect's face and ask
them to follow it with their eyes. If
the motion of the eyes as the driver
follows the object is not smooth, the
officer may use this as grounds for an
arrest. This testing is highly
inaccurate and requires a high level of
training to be properly administered and
evaluated.
One Leg Stand: The driver is
asked to stand on one leg for thirty
seconds while counting in the thousands
(one thousand one, one thousand two,
etc.). Swaying, hopping, using arms to
balance or putting the raised foot down
can be interpreted as indicators of
impairment.
Walk and Turn: In this test, an
officer will ask the driver to walk in a
straight line, heel to toe, turn around,
and return in the same manner. Failure
to do this according to instructions,
wobbling, or stepping off the line will
be noted as indicators of impairment and
can result in arrest for DUI.
CHALLENGING FIELD SOBRIETY TEST
RESULTS
Many outside factors can affect
the result of Field Sobriety Tests.
The arresting officer subjectively
determines whether a driver has
passed these tests. This judgment
may be affected by the opinions,
training, and prejudices of the
officer.
Field Sobriety Test results may be
challenged based on the validity of
the administration and judgment of
the tests due to:
- Inadequate officer training
- Failure to properly administer the
tests
- Inappropriate grading of the tests
- False positive results
A driver's ability to perform FSTs
may also be adversely affected by
physical, medical, mental or
environmental conditions. The
results may be challenged if any of
the following played a factor in the
driver's inability to successfully
complete the tests.
- Medical condition or injury -
Physical limitations or injuries may
prevent a driver from successfully
completing the tests
- Age - those 65 or older may have
issues that prevent them from
completing the tests
- Gender - women may have special
issues successfully completing the
tests
- Weight - those over 50 pounds
overweight may have issues
successfully completing the tests
- Hearing - those with hearing
conditions may not be able to
clearly hear the instructions
- Environment - lighting, noise,
ground conditions and weather may
affect the results of the tests
- Mental or emotional factors -
anxiety or fear may affect the
results of the Field Sobriety Tests
- Language barriers - may prevent a
driver from successfully following
the instructions
SEMINOLE COUNTY DUI ATTORNEY
Field Sobriety Tests are subjective,
difficult to judge and generally
unreliable. A Seminole County DUI
attorney can help you fight DUI
charges by challenging the validity
of these test results. If they are
found to be invalid, the results are
thrown out as evidence and your
chances of success in fighting a DUI
charge is improved.
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