If you were arrested for DUI in Florida after field sobriety exercises, you may be asking a very reasonable question. Did the officer actually perform the tests the right way. You are not alone in doubting the process. I have represented many people who were told they “failed” the exercises even though the video told a different story.

Field sobriety exercises are not guesswork. Officers are trained to follow structured instructions, use standardized scoring criteria, and consider medical or environmental factors. When they fail to do so, the results can be deeply misleading. I see this frequently, and it is one of the most powerful issues I raise when fighting DUI charges.

My role as your defense attorney is to protect you from unfair conclusions based on flawed testing. When field exercises are used incorrectly, I challenge the results, the officer’s opinions, and the legality of the arrest. This is one of the reasons having a private attorney matters so much. Someone must go through the videos, the reports, and the conditions carefully to expose mistakes.

Florida DUI Law and Field Sobriety Exercises

Florida DUI law is primarily set out in section 316.193 of the Florida Statutes. The statute explains:

  • what it means to be impaired

  • how alcohol or controlled substances are considered

  • penalties that may follow

  • enhanced consequences for injury, minors in the vehicle, or high alcohol levels

Statute summary, written in plain language

The law says a person commits DUI if they are driving or in actual physical control of a vehicle while:

  • impaired by alcohol or drugs to the extent that normal faculties are affected, or

  • having a breath or blood alcohol level at or above the legal limit

The statute also lists possible penalties that range from fines and probation to jail, license suspension, vehicle impoundment, ignition interlock, and felony treatment in serious cases.

The statute does not require field sobriety exercises. They are only one tool officers use to claim impairment. That makes it critically important to examine whether they were done correctly and whether the officer fairly interpreted the results.

A private defense attorney is essential at this stage. Prosecutors do not point out flaws for you. Law enforcement will not critique their own work. Your attorney is the one who identifies where the state’s proof falls short.

What Are Field Sobriety Exercises in Florida

Field sobriety exercises are roadside physical and mental coordination tests used by officers who suspect DUI. Common examples include:

  • Horizontal Gaze Nystagmus test

  • Walk and Turn test

  • One Leg Stand test

  • Finger to Nose test

  • Rhomberg balance exercise

These tests are supposed to evaluate balance, divided attention, following directions, and eye movement responses. They are not required by law. Officers use them as evidence to justify arrest decisions and to testify later in court.

Because these exercises involve human judgment, they are open to error. That is exactly why they are challenged so often in court. My job is to show the judge and prosecution where the test process went off track.

How Officers Are Trained to Administer Field Sobriety Exercises

Officers receive DUI investigation training that emphasizes standardized procedures. When conducted properly, the officer must:

  • give clear instructions before starting

  • demonstrate the exercise correctly

  • ensure a safe and reasonably flat surface

  • ask about injuries, age, or medical limitations

  • reduce distractions such as flashing lights when possible

  • score the test according to standardized clues, not guesswork

Officers are also trained to document:

  • weather conditions

  • surface conditions

  • lighting

  • the defendant’s footwear

  • any statements about injuries or conditions

When officers deviate from this training, the credibility of the results drops significantly.

Common Officer Mistakes in Field Sobriety Exercises

I routinely uncover predictable mistakes in DUI investigations. Here are some of the most frequent issues, each of which may support a defense argument:

  • Improper instructions

  • Failure to demonstrate each exercise

  • Failure to ask about injuries or disabilities

  • Using sloped, uneven, wet, or unsafe surfaces

  • Counting clues incorrectly

  • Rushing the driver or interrupting them

  • Using exercises not part of standardized testing

  • Ignoring age or weight limitations that make testing unreliable

Environmental distractions also matter. Passing traffic, flashing lights, loud noise, and darkness can affect performance. When body camera video shows these conditions, it becomes powerful evidence in your favor.

A private attorney will review these details carefully. This analysis is exactly what can result in reduced charges or dismissals.

Medical and Physical Conditions That Affect Test Results

Many people “fail” field sobriety exercises because of conditions that have nothing to do with alcohol or drugs. These include:

  • vertigo

  • inner ear issues

  • back or knee injuries

  • prior surgeries

  • neuropathy

  • aging and balance decline

  • anxiety or panic symptoms

  • obesity affecting balance

  • fatigue or lack of sleep

These are valid issues that judges must consider. I present medical arguments and, when appropriate, obtain records or expert testimony to challenge the officer’s opinion.

Field Sobriety Exercises Are Not Scientific Proof of Impairment

Field sobriety exercises are subjective. Officers interpret behavior rather than collecting pure scientific data. That subjectivity means:

  • two officers may interpret the same performance differently

  • nerves may be mistaken for impairment

  • cultural or language differences may affect understanding of instructions

  • stress from flashing lights and the threat of arrest can cause shaking or stumbles

This is why courts allow aggressive cross-examination on these tests. When I represent a client, I focus heavily on what the video actually shows instead of relying on the officer’s description. The difference is often dramatic.

How I Challenge Field Sobriety Exercises in Court

As your attorney, I pursue several strategies to attack unreliable tests. Depending on your case facts, these may include:

  • arguing that the officer lacked reasonable suspicion to conduct tests

  • arguing that the exercises were administered incorrectly

  • presenting medical reasons for performance issues

  • using video to contradict written reports

  • highlighting distractions, unsafe conditions, and poor lighting

  • questioning the officer’s training and certification history

  • showing that English instruction problems affected the test

  • exposing scoring mistakes in the officer’s report

These challenges may lead to suppression of evidence or dismissal of charges. They also influence plea negotiations and may result in reduced penalties or reckless driving reductions.

Real Case Example Where Field Sobriety Exercises Were Challenged Successfully

One of my clients was stopped in a coastal area late at night after leaving a restaurant. The officer claimed she failed every field sobriety exercise. The report described her as swaying, unable to follow instructions, and unsteady on her feet.

Once I obtained the body camera videos, a different picture emerged.

  • The test surface was uneven brick

  • Her heels repeatedly caught between bricks

  • She advised the officer of a prior ankle surgery but was told to proceed

  • Traffic noise and flashing lights were extreme

  • The officer interrupted instructions repeatedly

I presented the video in court, along with medical records showing hardware in her ankle. The judge openly questioned the fairness of the testing. The prosecution agreed to dismiss the DUI charge, and my client resolved the case on a minor traffic matter.

This is the difference a private attorney can make. Public defenders are skilled lawyers, but high caseloads reduce time for deep video review. I am able to dedicate the attention these details require.

Additional Florida Laws That May Affect Your DUI Case

Several other Florida laws may interplay with field sobriety exercise issues, including:

  • implied consent laws regarding breath or blood tests

  • rules governing admission of officer opinion testimony

  • statutes regarding video evidence and recording retention

  • traffic statutes governing the initial stop

I summarize these for clients during representation so they understand how the legal framework applies to their case. My objective is always the same. Protect your future, your record, and your freedom.

Why You Need a Private Florida DUI Attorney

DUI cases move quickly. Evidence can be lost if not requested. Body camera files may be overwritten. Witnesses forget details over time. The sooner a private attorney becomes involved, the stronger your defense can be.

I step in immediately to:

  • request videos before they disappear

  • obtain dispatch records

  • examine training manuals

  • review calibration and maintenance records for breath machines

  • identify medical explanations for your performance

  • prepare for DMV license suspension hearings

  • negotiate aggressively with prosecutors

You do not have to fight this alone, and you should not assume that the officer’s word is final.

DUI Breath Test FAQs

Can I be arrested for DUI in Florida even if I did not blow into a breath machine?
Yes, you can, but the state still has to prove impairment. Many refusal cases rely almost entirely on field sobriety exercises and officer opinions. These cases are often highly defensible when testing was performed incorrectly. A private attorney reviews the full record and challenges the gaps.

Are field sobriety exercises required by law in Florida?
No, they are voluntary. However, refusing roadside tests may still lead to arrest if the officer believes they already have enough suspicion. Courts evaluate whether refusal was reasonable and whether the officer had lawful grounds to request testing in the first place.

Can medical problems cause failure of field sobriety exercises?
Yes. Back pain, leg injuries, vertigo, neurological conditions, inner ear disorders, age, weight, or anxiety can all affect balance and coordination. When I present proof of these conditions, it often weakens the state’s case significantly.

Do officers ever give the wrong instructions during field sobriety exercises?
Yes, it happens regularly. Even small instruction errors make test scoring invalid. I compare the officer’s instructions to training manuals and standardized procedures. When the officer deviates, I raise the issue in court.

Do I automatically lose my license after a DUI arrest in Florida?
You have rights, but strict deadlines apply. In many cases, you have ten days to act regarding your license. I immediately request the necessary hearings and guide clients through options that may allow continued driving for work or school.

Can field sobriety exercises be thrown out as evidence?
Yes, in certain circumstances. If the stop was unlawful, the exercises were conducted improperly, or the officer’s testimony contradicts video footage, the court may limit or exclude this evidence. This can lead to dismissals or major charge reductions.

Are field sobriety exercises accurate indicators of impairment?
They are imperfect at best. They rely heavily on officer interpretation and external conditions. That is why legal challenges are so effective. Courts recognize that human judgment can be flawed.

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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 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.