Field Sobriety Tests in Florida: Their Role and How to Challenge Them
Field sobriety tests (FSTs) in Florida are roadside exercises that police use to see if drivers are impaired. However, they aren’t mandatory, and they’re often reliable due to medical, environmental, or subjective factors. If you want to challenge an FST, an experienced DUI attorney can help you succeed.
SafeHome states that in 2024, the state of Florida had 315,030 total DUI arrests and 20,448 suspected DUI arrests. While police officers are trained to detect impairment in drivers, of course, they aren’t infallible. They’re given a wide variety of tools to aid them in judgment, and this includes field sobriety tests.
What are FSTs? Are they mandatory, and can you challenge them if an officer asks you to take one? Keep reading to find out everything you need to know about the subject so you confidently know your rights.
What Is a Field Sobriety Test?
A field sobriety test consists of both physical and cognitive exercises used by law enforcement in Florida. These tests are usually administered during a DUI stop, and they help police officers determine if a driver is impaired by alcohol or drugs.
What’s interesting about an FST is that it doesn’t measure alcohol levels directly. Instead, it’s a test to see a driver’s:
- Coordination
- Balance
- Memory
- Ability to follow instructions
What’s the Point of Field Sobriety Tests?
As we’ve just said, FSTs are used as aids for police officers to see if a person is driving impaired. But more importantly, on the legal side of things, they’re to give officers probable cause to arrest for driving under the influence.
This is because DUI arrests must be supported by evidence. So the state usually relies on the FSTs to build a case, which then enables them to move forward with chemical testing.
What Do They Ask You on a Field Sobriety Test?
Usually, there are three standardized tests used, which were developed by the National Highway Traffic Safety Administration (NHTSA). They are as follows:
- Horizontal gaze nystagmus (HGN): See if eyes jerk involuntarily as you follow a pen or flashlight
- Walk-and-turn test: Heel-to-toe steps in a straight line, turn on one foot, and return
- One-leg stand test: Stand on one leg for 30 seconds without swaying, hopping, or putting your foot down
Some officers may use non-standardized tests, such as:
- Reciting the alphabet
- Touching your nose
- Counting backwards
Are Field Sobriety Tests Mandatory in Florida?
In Florida, FSTs are not legally required. This means you won’t have your license taken away if you refuse to take one.
On the other hand, breathalyzer tests fall under the state’s “implied consent” law. You aren’t legally required to do these either, but you’ll face immediate penalties, such as license suspension.
Problems With Field Sobriety Tests
If you’ve failed a sobriety test due to it being an FST, then you may have realized that they’re not foolproof. Here are the common issues that FSTs have:
- Subjectivity (officers can be biased or inconsistent)
- Medical conditions (you can have poor balance or coordination from things like inner ear problems or neurological issues)
- Environmental factors (can be more difficult with uneven pavement, poor lighting, or bad weather)
- Nervousness (stress can cause mistakes unrelated to impairment)
How to Challenge Field Sobriety Tests in Florida
Challenging DUI evidence is entirely possible, especially if you hire a reputable and experienced DUI attorney. They can analyze whether the FSTs were conducted correctly, as well as identify weaknesses.
Their DUI defense strategies include:
- Questioning officer training
- Highlighting medical conditions
- Pointing out poor conditions
- Exposing subjectivity
To do this, your lawyer may bring in expert witnesses to explain the scientific limitations of FSTs. They may also file motions to suppress the evidence.
Frequently Asked Questions (FAQs)
Can I Refuse a Field Sobriety Test Without Consequences?
According to Florida DUI laws, part of your legal rights in Florida is the ability to refuse a FST. It doesn’t result in an automatic license suspension, but the officer can still arrest you if you’re showing other signs of impairment.
Do I Have the Right to Ask for a Lawyer Before Taking a Field Sobriety Test?
No, you don’t. Many people mistakenly think they have the right to ask for a lawyer before taking an FST, but this only typically applies after an arrest. You can refuse politely, though.
Can Prescription Medications Affect FST Results?
Yes, you can get a DUI without drinking alcohol, as both illicit and prescription medications can affect results. They may cause:
- Drowsiness
- Dizziness
- Lack of coordination
All of the above can make you appear impaired, even if you haven’t drunk alcohol.
Are Field Sobriety Tests Recorded in Florida?
Often, FSTs are recorded in Florida. For example, many officers use body or dash cams to record traffic stops, and these can be used later in court. For the defendant, they can be beneficial for showing inconsistencies in the officer’s report.
Can FST Results Alone Convict Me of a DUI?
No, FST results are generally considered supporting evidence. For a DUI, prosecutors usually need chemical test results or other strong evidence to secure a conviction.
How Long Do DUI Cases Involving FSTs Take in Florida?
The timeline varies, but most take several months to a year to resolve. This depends on:
- Whether the case goes to trial
- If motions are filed
- If a plea deal is reached
Know Your Rights and Challenge FSTs if Needed
Field sobriety tests are often given by police officers when they pull people over. While it can certainly help them determine whether someone’s driving impaired, they can often be wrong.
So if you’ve been wrongfully charged with a DUI, don’t just stand by. Instead, hire an excellent DUI attorney who can help you challenge the FST and any other DUI evidence. With their help, you may just get a dismissal or reduced charges.
Would you like legal assistance challenging a field sobriety test? Then get in touch with us now. The attorneys at RHINO Lawyers have over 55 years of combined experience, and we have a proven track record for helping our clients win.
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