What You Need to Know About Field Sobriety Tests in Florida and Why You Shouldn't Take Them Without an Attorney Present

If you've been pulled over in Florida and suspected of DUI, you might be asked to take a field sobriety test. These tests are often the first step in determining whether you'll be arrested for DUI. But are field sobriety tests mandatory in Florida? And what should you do if you're asked to take one?

The short answer is no; field sobriety tests are not mandatory in Florida. You have the right to refuse to take them, but that doesn't mean it's always the best idea. There are many factors at play here, and understanding the legal implications and potential defenses is critical.

I'll explain in detail why you might choose to refuse these tests, the laws that govern them, and why hiring a private attorney in such cases can make all the difference.

What Are Field Sobriety Tests?

Field sobriety tests are a series of physical and cognitive exercises designed to assess whether a driver is impaired. These tests typically include:

  1. Horizontal Gaze Nystagmus (HGN) – This test involves following a moving object with your eyes while the officer watches for signs of impaired eye movement.
  2. Walk-and-Turn – You are asked to walk a straight line, turn around, and walk back while keeping your balance.
  3. One-Leg Stand – You must stand on one leg for a period of time without losing your balance.

While these tests may sound simple, they are highly subjective. The officer's interpretation of your performance is critical in determining whether you'll be arrested for DUI.

Are Field Sobriety Tests Mandatory in Florida?

The most important thing to understand is that field sobriety tests are not mandatory in Florida. Under Florida Statutes § 316.1932, refusing a field sobriety test cannot be used against you in court. This is important because while you may face penalties for refusing a breathalyzer test, such as a potential license suspension, the law does not impose a criminal penalty for refusing a field sobriety test.

Here's the relevant statute from Florida law:

Florida Statutes § 316.1932:

"Any person who accepts the privilege extended by the laws of this state to operate a motor vehicle thereby agrees, as a condition of such privilege, that such person will submit to a test of his or her breath... or urine to determine the alcoholic content of his or her blood or breath, but not to a physical sobriety test."

You are not required to take the physical sobriety tests, and doing so is voluntary. However, refusal to take them may affect the officer's decision on whether to arrest you or continue questioning you.

What Happens if You Refuse a Field Sobriety Test in Florida?

If you refuse to take the field sobriety tests, the officer may still have grounds to arrest you for DUI based on other observations. For instance, they may arrest you based on your behavior, appearance, or performance on other tests (like the breathalyzer or blood test).

However, refusal may benefit you in court. Why? Because the prosecution may have fewer objective facts to use against you. For example, if you don't perform the tests, the officer won't have any recorded evidence of your potential impairment.

It's critical to understand that while refusing a field sobriety test won't automatically stop your arrest, it may make it more difficult for the prosecution to prove impairment in court.

Real-Life Example: A Case I Won

Let me give you a real-life example of how refusing a field sobriety test can work in your favor. I once represented a client who had been stopped for swerving in a parking lot. The officer claimed my client's eyes were bloodshot, and they smelled alcohol on his breath. The officer then asked my client to perform a field sobriety test.

My client was smart: he refused. The officer proceeded to arrest him based on his subjective observations—not the results of any sobriety tests. At trial, the prosecution was unable to show any concrete evidence that my client was impaired. Because my client refused the field sobriety tests, the jury saw that there was no physical evidence of impairment.

We were able to get the charges dropped because the officer's conclusions were based solely on their opinion, not on measurable, concrete evidence.

Why Should You Refuse a Field Sobriety Test?

Refusing field sobriety tests may be the best decision for several reasons:

  1. Subjectivity of the Tests: The results are often based on the officer's personal observations. Even if you perform the tests perfectly, they may still be misinterpreted as "failure" by the officer.
  2. You Are Not Required by Law: Unlike breathalyzer tests (which carry consequences for refusal), refusing field sobriety tests cannot be used as evidence against you in court.
  3. The Risk of Misleading Results: Factors such as nervousness, fatigue, or even the weather conditions can influence your performance. These factors often play a bigger role in failing the tests than actual impairment.
  4. The Officer's Bias: Officers are trained to look for signs of impairment. If they already have reasonable suspicion you are impaired, their interpretation of your performance is likely to be biased.

If you are asked to take a field sobriety test, it is important to understand your rights. Refusing the test may provide you with more legal options and allow your defense lawyer to challenge the evidence that the officer has gathered.

Why You Need a Private Attorney

At this point, you might be wondering if it really matters whether you refuse or take the tests. Here's why you absolutely need a private attorney:

  • DUI cases are complex: Just because you're arrested doesn't mean you're guilty. Police make mistakes, and evidence is often subjective. A private attorney can challenge the evidence the police gathered against you.
  • Refusal is a legal strategy: A private DUI attorney can explain the risks and benefits of refusing field sobriety tests based on the facts of your case. Sometimes refusing these tests is the best strategy for protecting your rights.
  • Field sobriety test results are open to challenge: A private attorney can help expose flaws in the testing procedure, the officer's interpretation, and other procedural issues that could lead to the dismissal of charges.

The legal consequences of a DUI arrest can affect your license, your criminal record, and even your career. A private attorney helps ensure that you are fully aware of your options and provides aggressive representation when your rights are on the line.

Other Florida DUI Statutes That May Apply

In addition to Florida Statutes § 316.1932 (relating to breath, blood, and urine tests), there are other statutes that govern DUI cases, including:

  • Florida Statutes § 316.193 – This statute defines DUI and outlines the penalties for impaired driving, including for both alcohol and drugs.
  • Florida Statutes § 322.2615 – This statute discusses the administrative license suspension process following a DUI arrest, which can happen whether or not you refuse field sobriety tests.
  • Florida Statutes § 316.1939 – This statute outlines the consequences of refusing to submit to a breath, blood, or urine test in Florida, including license suspension.

Understanding whether you're required to take a field sobriety test in Florida—and the potential consequences of refusal—is crucial when facing a DUI charge. Refusing the test may provide a defense, especially when the officer's observations are subjective and not supported by concrete evidence.

Hiring a private attorney is essential to challenge the case against you. They can evaluate the details of your stop, how the tests were administered, and whether the officer followed the proper procedures. With the right defense strategy, your attorney can protect your rights and increase the chances of a favorable outcome.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Field Sobriety Tests in Florida DUI Cases

What happens if I refuse a field sobriety test in Florida?

In Florida, you are not required to take a field sobriety test. Refusing a field sobriety test cannot be used against you in court. However, the officer may arrest you based on their observations, and you may face additional charges or penalties if you refuse a breathalyzer or other chemical test.

Can the officer arrest me without field sobriety tests?

Yes. An officer can arrest you for DUI based on their observations, such as erratic driving, slurred speech, or the smell of alcohol, even if you refuse to take field sobriety tests. The arrest can still be challenged with the help of a skilled attorney.

Why would I refuse a field sobriety test?

Refusing the field sobriety test can reduce the evidence the prosecution has to build their case. These tests are subjective, and there are many factors, such as nervousness or medical conditions, that could influence your performance. A refusal gives your defense attorney a better chance to challenge the evidence in court.

Can I still be charged with DUI if I refuse field sobriety tests?

Yes, you can still be arrested and charged with DUI if the officer has probable cause to believe you are impaired, even without the results of field sobriety tests. However, refusing the tests can help your lawyer challenge the officer's conclusions.

Should I hire a lawyer if I refuse a field sobriety test?

Absolutely. A private attorney will evaluate the officer's observations, determine whether your rights were violated, and explore all potential defenses. If you refuse field sobriety tests, your lawyer can still protect you by challenging the evidence and arguing against the arrest.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.