Challenging Field Sobriety Tests in DUI Defense

Field sobriety tests are often an integral part of the prosecution’s pursuit of a driving under the influence (DUI) conviction. Even if police officers record you as having failed a test, a skilled DUI defense attorney can challenge the integrity of these results. When an attorney successfully suppresses field sobriety tests, the prosecution’s case usually falls apart. Each DUI case is different, so it is wise to consult a Florida drunk driving defense attorney before making assumptions about your situation.

Understanding Field Sobriety Tests

Police officers who observe erratic driving can pull you over and demand that you take a field sobriety test. You may refuse to take a field sobriety test, although doing so could lead to the administration of a more accurate Breathalyzer test.

In Florida, law enforcement officers typically use these field sobriety tests to determine a driver’s level of impairment:

• Horizontal Gaze Nystagmus (HGN) – Nystagmus refers to the involuntary jerking or bouncing movement of the eyes, making it challenging to track a moving object smoothly. It becomes more pronounced when someone is under the influence of drugs or alcohol. In the HGN test, the officer uses a pen, flashlight, or finger and moves it horizontally across the person’s field of vision. The officer observes the person’s eyes for nystagmus, which might indicate impairment.
• Walk-and-Turn – Alcohol and certain drugs can interfere with balance and coordination as well as the ability to follow verbal instructions. This field sobriety test requires the driver to take several heel-to-toe steps along a straight line, turn on one foot, and return in a heel-to-toe walk. The driver should be able to maintain their balance and step precisely in each direction.
• One-Leg Stand – Similar to the walk-and-turn, the one-leg stand assumes that a sober person would not struggle with balance, coordination, or following instructions. In this field sobriety test, the officer asks the driver to stand on one leg for about 30 seconds, sometimes while counting aloud. Any signs of swaying, hopping, falling, or inability to maintain balance for over a few seconds could indicate impairment.

Common Challenges to Field Sobriety Tests

Field sobriety tests are not perfect indicators of impairment. People can fail these tests for reasons that have nothing to do with alcohol or drugs. As such, a skilled criminal defense lawyer can challenge the results for several reasons:

• Anxiety and Stress – The mere prospect of undergoing a field sobriety test can evoke natural feelings of anxiety and nervousness. Given the gravity of the situation, a motorist might find themselves under immense stress, adversely affecting their ability to perform these tests accurately. Heightened anxiety associated with a DUI stop can lead to false positives on field sobriety tests.
• Environmental Factors – External conditions play a pivotal role in the accuracy of field sobriety tests. Uneven or soggy surfaces, inadequate lighting, blindingly bright lights, adverse weather conditions, and even loud traffic noises can significantly impede a motorist’s performance. A poor environment can establish reasonable doubt regarding the reliability of the results.
• Driver’s Physical Limitations – Age, muscle weakness, neurological or movement disorders, and various health issues can compromise an individual’s ability to perform field sobriety tests effectively. Additionally, the footwear they have on can affect the test, as heavy work boots or stiletto heels can impede actions required in the walk-and-turn and one-leg stand.
• Improper Administration – Field sobriety tests are only as reliable as the person administering them. Officers must adhere to standardized procedures and undergo specific training to administer these tests correctly. Poor test administration can compromise the validity of its results. A DUI defense attorney can scrutinize the procedures followed by the officer during the tests, identifying any deviations from the established protocols that led to a poor outcome.

Call a DUI Defense Attorney in Florida

A seasoned DUI defense lawyer can challenge field sobriety test results for several reasons. At AllStarr Legal, we’ve helped many Florida drivers overcome DUI charges. We have the experience and resources to vigorously defend you from a DUI conviction, so call us today for a consultation.