Florida DUI Attorney, Field Sobriety Exercises Are Not The Final Word In Your Case

Many clients tell me the same thing during our first conversation. They say they “failed everything,” and they fear there is no hope left. They picture the roadside scene, the flashing lights, the officer giving instructions, and the feeling that nothing went right.

Here is the truth I have seen again and again in Florida DUI defense work:

Field sobriety exercises are not scientific tests, they are not always administered correctly, and they do not automatically mean you will be convicted.

Even if the officer wrote that you “failed,” your case may be strong once the evidence is examined with care.

These roadside exercises are designed to divide attention and increase difficulty. Officers often interpret normal behavior as signs of impairment. They also sometimes give unclear instructions, fail to account for medical conditions, or perform the exercises on uneven pavement.

That means your case may not be lost at all.

My role as your Florida DUI Attorney is to expose weaknesses in the state’s evidence and show why an officer’s opinion is not the full story. At every step, I also work to protect your driver’s license, your record, and your future.

Understanding Field Sobriety Exercises In Florida

Most Florida officers use standardized field sobriety exercises that were developed by the National Highway Traffic Safety Administration. These commonly include:

  • Horizontal Gaze Nystagmus, where the officer watches eye movement while you follow a stimulus

  • Walk and Turn, where you take heel to toe steps on an imaginary or real line

  • One Leg Stand, where you balance on one leg while counting

Officers also sometimes use:

  • Finger to nose test

  • Alphabet recitation

  • Counting exercises

These are not pass or fail tests in the strict sense. They require judgment calls. Those judgments can be challenged.

A private DUI attorney can request body camera footage, check roadway conditions, review footwear issues, examine medical history, and compare the officer’s instructions against accepted training manuals.

That is how an opinion of “failure” turns into a courtroom weakness for the state.

What Florida Law Actually Requires For A DUI Conviction

The main Florida DUI statute is Florida Statutes §316.193. Rather than quoting the full statutory language, here is what it states in plain terms:

  • A person commits DUI if they are driving or in actual physical control of a vehicle

  • And they are impaired by alcohol or a controlled substance

  • Or they have a blood or breath alcohol level of 0.08 or higher

This means the state must prove impairment or unlawful breath or blood alcohol concentration. Field sobriety exercises alone are only one piece of evidence. They do not automatically prove the legal definition of impairment.

The implied consent law, Florida Statutes §316.1932, explains that drivers consent to approved breath, blood, or urine tests when lawfully arrested. Refusing may trigger license consequences, but refusal does not automatically make you guilty.

Another related law, Florida Statutes §316.1939, addresses criminal penalties for refusing breath, blood, or urine testing after a prior refusal case has occurred. Again, refusal alone is not the same as intoxication.

What matters most is whether the state can actually meet its burden of proof.

That is why you need experienced private counsel early in the case.

How Field Sobriety Exercises Can Be Challenged

When I defend a DUI case, I never assume a client truly “failed.” Instead, I examine all surrounding circumstances.

Problems I often uncover include:

  • The officer gave confusing or fast instructions

  • English was not the driver’s first language

  • The roadside was uneven, wet, gravel covered, or sloped

  • The driver had knee, back, ankle, or balance problems

  • The officer exaggerated clues in the report

  • The video contradicts the written notes

  • The driver was nervous rather than impaired

  • The driver wore high heels or dress shoes

  • Traffic, weather, or lighting interfered

A private Florida DUI Attorney can also retain expert testimony when appropriate to show that the exercises were not valid indicators of impairment.

These challenges are far more powerful than most people realize and they are often decisive in negotiations or trials.

Why Officers Say You “Failed” Even When You Did Well

Officers evaluate you based on “clues.” For example, during the walk and turn, clues include:

  • Starting before being told

  • Stepping off the line

  • Missing heel to toe

  • Raising arms

  • Turning improperly

A person can show only two or three of these behaviors and still be described as having “failed” in the report.

To put it simply, the bar is low for declaring failure.

Body camera footage often tells a very different story than the paperwork. When I secure that video quickly, it can become one of the most important tools in your defense.

This is another area where retaining private counsel matters. A public defender may not always have the time to conduct that detailed review early in the case.

Breath Tests, Refusal, And Field Exercises Work Together, Not Alone

Many DUI cases include breath results from an Intoxilyzer machine. Others involve refusals. Still others involve urine or blood testing. The important thing to understand is this:

Field sobriety exercises alone almost never tell the whole story.

A case may have:

  • Alleged failure on field exercises, but normal driving pattern

  • Alleged failure, but weak officer instructions

  • Alleged failure, but refusal without bad driving

  • Alleged failure, but medical reasons for imbalance

Every piece of evidence must be considered in combination.

Florida law requires proof beyond a reasonable doubt. If you hire private counsel, you are giving yourself an advocate whose job is to test each part of the state’s case rather than accepting the officer’s first impression as final.

Real Case Example, Field Sobriety “Failure,” Case Dismissed

A client of mine was stopped in a beach community after leaving a restaurant. The officer said the car “drifted” within the lane. My client was polite, cooperative, and nervous. At the roadside, the officer instructed field sobriety exercises while traffic passed nearby.

In the report, the officer wrote that my client:

  • Missed heel to toe several times

  • Used arms for balance

  • Swayed slightly

  • Did not complete the turn as instructed

The officer arrested my client and marked the exercises as failed.

After I obtained body camera footage, a different picture emerged. The roadway was sloped. Cars were passing very close. The instructions were rushed and sometimes talked over by the officer himself. My client wore dress shoes with slick soles and had a prior ankle injury.

I filed a motion challenging both the stop and the arrest decision. The prosecutor reviewed the video, reviewed my client’s medical records, and recognized the weaknesses. The charge was dismissed before trial.

This is not a guarantee of outcome, but it shows why your case is not automatically lost because of field exercises.

How A Florida DUI Attorney Protects You At Every Stage

When you retain private counsel quickly, several things can happen right away that benefit you:

  • Evidence is preserved before it is overwritten

  • DMV deadlines for your license are handled

  • Witnesses can be identified early

  • Body camera and dash camera footage is secured

  • Breath machine maintenance records are requested

  • Any medical conditions are documented

I also appear in court for you when possible, which reduces the stress of repeated court appearances for working clients.

Your future is the priority. A private attorney can devote focused time, investigation, and strategy to your case.

Defenses That May Apply Even If You Think You Failed

Defenses depend on the facts of the case but often include:

  • Illegal traffic stop

  • Unlawful detention

  • Improper instructions for exercises

  • Improper administration of exercises

  • Bad weather or poor ground conditions

  • Lack of probable cause for arrest

  • Unreliable breath test

  • Refusal without proper implied consent warnings

  • Medical or neurological explanations for observed behavior

Florida law gives you rights. Those rights need to be enforced actively, and that is exactly what strong DUI defense work does.

Summary Of Key Florida DUI Laws Relevant To Field Exercises

Here is a plain language summary of the most important statutes:

  • §316.193 defines DUI, including impairment and unlawful alcohol concentration

  • §316.1932 covers implied consent for breath, blood, and urine testing

  • §316.1939 addresses refusal penalties after a prior refusal case

  • §322.2615 governs administrative suspension hearings through the DMV

These statutes work together to determine:

  • Whether the stop was lawful

  • Whether arrest was lawful

  • Whether testing was lawful

  • Whether your license can be suspended

Even when field sobriety exercises look bad, the case can fall apart legally at any of these stages.

Florida Drunk Driving FAQS

If I failed the field sobriety exercises, is my case automatically lost?
No, it is not automatically lost. Field sobriety exercises are subjective, and officers sometimes misinterpret what they see. Sloped pavement, nerves, medical conditions, and poor instructions all affect performance. A private attorney reviews video, reports, and your medical background to expose weaknesses in the officer’s conclusions.

Can I be convicted based only on field sobriety exercises?
In some cases the state relies heavily on these exercises, but they still must prove impairment beyond a reasonable doubt. If video shows you followed instructions reasonably well or medical issues explain balance problems, the judge or jury may find the exercises unreliable. Many cases with alleged poor performance are still won or reduced.

What if I refused the breath test?
Refusal cases are common. Refusal may bring license consequences, but it does not mean you are guilty of DUI. The arrest must still be lawful, and impairment must still be proven. The case may actually be weaker without a breath result, especially if the exercises were affected by non alcohol factors.

Will the judge believe the officer over me?
Judges listen to evidence, not just job titles. Body camera footage, cross examination, and expert testimony can limit the weight of an officer’s opinion. If the footage conflicts with the written report, credibility becomes a real issue in your favor.

What if English is not my first language?
Language barriers affect understanding of instructions. If an officer gave instructions you did not fully understand, that can significantly reduce the reliability of field exercises. This is a powerful issue your attorney can raise in court.

What if I have bad knees or a back problem?
Medical conditions are one of the strongest defenses to field sobriety evidence. Balance issues, vertigo, prior surgeries, and neurological conditions all matter. With documentation and testimony, we can show the court why performance problems had nothing to do with alcohol.

Should I still fight the case if I “looked drunk” on video?
Yes. Appearance is not impairment. Many people appear tired, stressed, upset, or physically unsteady due to reasons other than alcohol. The law requires proof, not assumption. I have won cases where the client believed they looked awful on video but legal issues required dismissal.

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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.