How Field Sobriety Exercises Are Conducted in Florida

What You Need to Know About Florida’s DUI Field Sobriety Tests and How a Lawyer Can Help Protect Your Rights

If you’ve ever been pulled over by law enforcement in Florida for suspected DUI, you may have been asked to perform field sobriety exercises. These exercises are designed to give police officers an indication of whether you’re impaired due to alcohol or drugs. However, field sobriety tests (FSTs) aren’t foolproof, and many factors can cause them to be inaccurate. That’s where a strong defense comes in.

I’ll now explain how field sobriety exercises are conducted in Florida, what mistakes officers sometimes make, and why you need an experienced attorney to challenge these tests if you’ve been arrested for DUI.

What Are Field Sobriety Exercises in Florida?

Field sobriety tests (FSTs) are a set of standardized exercises law enforcement officers use to determine whether a driver is impaired. These exercises are typically conducted after an officer has pulled someone over for suspicion of driving under the influence (DUI).

In Florida, the most commonly used field sobriety tests are part of the Standardized Field Sobriety Test (SFST) battery, which includes:

• Horizontal Gaze Nystagmus (HGN) test
• Walk-and-Turn (WAT) test
• One-Leg Stand (OLS) test

These tests are standardized by the National Highway Traffic Safety Administration (NHTSA), which sets the guidelines for their use. However, there are significant flaws with these tests that can lead to incorrect conclusions. If you’ve been asked to perform these tests, it’s important to understand their limitations.

Statute Text: Florida DUI and Field Sobriety Tests

The relevant statute under Florida DUI law is § 316.193, which outlines the elements of driving under the influence and the role of field sobriety tests. Specifically:

• § 316.193(1)(a): “A person is guilty of the offense of driving under the influence of alcoholic beverages, any chemical substance, or any controlled substance when affected to the extent that the person’s normal faculties are impaired.”

This means that if the officer believes your ability to operate the vehicle is impaired, they will likely ask you to perform field sobriety exercises. These exercises are intended to test your balance, coordination, and attention to detail—key indicators of whether you are impaired.

The Horizontal Gaze Nystagmus (HGN) Test

The HGN test is the first test typically administered during a DUI stop. It involves the officer asking you to follow a stimulus (usually a pen or finger) with your eyes while keeping your head still. The officer is looking for signs of nystagmus, which is an involuntary jerking of the eyes that can occur when someone is impaired by alcohol or drugs.

However, the HGN test isn’t always accurate. There are several non-impaired conditions that can cause eye jerking, such as:

• Fatigue
• Medical conditions
• Prescription medications

Additionally, officers are trained to look for specific clues, but the test relies heavily on their ability to properly interpret the results. A defense attorney can challenge the results of the HGN test if the officer didn’t follow proper procedures or if there are other reasonable explanations for the observed behavior.

The Walk-and-Turn (WAT) Test

The Walk-and-Turn (WAT) test is another common field sobriety exercise. During this test, the officer will instruct you to take nine steps in a straight line, turn around, and then return in the same manner. The officer is looking for signs of impairment such as loss of balance, inability to follow instructions or inconsistent walking.

Many factors, however, can affect your ability to perform this test even if you’re sober, including:

• Uneven road surfaces or weather conditions
• Footwear (high heels, sandals, or slippery shoes)
• Physical disabilities or injuries

When I represent clients facing DUI charges, I often look into the environment and the officer’s conduct during the test. If any of the conditions were less than ideal, it could invalidate the test results. This is something that an experienced DUI defense lawyer will know to investigate thoroughly.

The One-Leg Stand (OLS) Test

The One-Leg Stand (OLS) test requires you to stand on one leg and hold the other leg about 6 inches off the ground for 30 seconds while counting aloud. The officer looks for swaying, using arms for balance, or putting your foot down.

This test also has a high rate of failure for sober individuals due to several factors:

• Poor balance: Some people naturally have less balance or coordination, regardless of alcohol consumption.
• Medical conditions: Inner ear problems, arthritis, and back issues can make standing on one leg difficult, even for someone who isn’t impaired.

I’ve had many cases where the One-Leg Stand test was a major part of the arrest, but the officer failed to properly account for these external factors. In those cases, I worked to demonstrate to the court that my client was simply unable to pass the test for reasons unrelated to alcohol or drug impairment.

Real-Life Example: A Case Where We Won Despite Field Sobriety Tests

Let me share an example of a case I handled where field sobriety tests were the key evidence against my client.

My client was stopped late at night in Miami after an officer noticed they were driving slightly over the center line. The officer immediately suspected impairment and asked my client to perform the walk-and-turn and one-leg stand tests. The officer claimed my client had slurred speech and unstable balance during the tests, which led to an arrest for DUI.

Here’s where the case turned in my favor:

• First, I pointed out that the test was performed on a wet, uneven parking lot, which made it almost impossible for anyone to pass the walk-and-turn test under those conditions.
• Second, my client had recently suffered a back injury, which made the one-leg stand particularly difficult.
• Third, we discovered that the officer failed to follow the proper NHTSA guidelines when administering the tests, which was a clear violation of procedure.

With these facts, I successfully filed a motion to suppress the evidence from the field sobriety tests, and the charges were ultimately dismissed. This case shows that, even when field sobriety tests seem like strong evidence, the circumstances surrounding those tests can often be challenged and defeated.

Why You Need an Attorney for Field Sobriety Test Cases

Field sobriety tests, while widely used by law enforcement, are highly subjective and often flawed. Even if you’ve failed one or more of the tests, it doesn’t automatically mean you’re guilty of DUI. Here’s why hiring a private DUI attorney is critical in these cases:

1. Field Sobriety Tests Are Not Perfect

These tests are not foolproof. They are subject to the officer’s interpretation, and there are many factors that can affect how well you perform, even if you are sober. Your lawyer will know how to identify those weaknesses and use them in your defense.

2. The Environment Matters

The conditions under which you’re asked to perform field sobriety tests are often unfavorable. A wet road, poorly lit area, or unsteady ground can make passing the tests much more difficult. A good defense attorney will investigate the environment to see if it affected your ability to perform.

3. The Officer’s Conduct Matters

Police officers are trained to administer field sobriety tests according to specific guidelines. If the officer doesn’t follow those guidelines or fails to explain the test properly, it could invalidate the results.

4. We Can Challenge the Officer’s Interpretation

If the officer makes any errors in judgment, we can use that to argue that the test results aren’t reliable. I’ve had many cases where officers misinterpreted the results, leading to wrongful arrests.

If you’ve been arrested for DUI in Florida and field sobriety tests were involved, don’t assume the case is lost. The tests aren’t always accurate, and there’s a good chance we can challenge them in court.

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 and DUI in Florida

What happens if I refuse to take the field sobriety tests?

While you can refuse to take field sobriety tests in Florida, it may lead to further suspicion and potential arrest. However, you cannot be penalized for refusing these tests alone, unlike refusing a breath test under Florida’s implied consent law. Refusal doesn’t result in an automatic suspension, but it can still be used against you in court as part of the overall arrest circumstances.

Can I be arrested if I fail the field sobriety tests?

Yes, failing field sobriety tests is often used by officers as evidence of impairment, and it can lead to your arrest. However, failing these tests doesn’t automatically mean you’re guilty. A skilled DUI attorney can challenge the results, especially if the tests were conducted improperly or under unfavorable conditions.

Are field sobriety tests the only evidence used in DUI cases?

No, field sobriety tests are just one piece of the puzzle. Breathalyzer tests, blood tests, and video evidence (like dashcam footage) also play a significant role. Even if you fail the field sobriety tests, your attorney can challenge the other evidence to help secure a favorable outcome.

Can the officer’s failure to follow proper procedures invalidate the tests?

Yes. If an officer fails to administer the tests according to NHTSA guidelines or fails to explain the tests properly, it could be grounds to invalidate the evidence. A good defense lawyer will investigate the officer’s conduct and any mistakes that could weaken the case against you.

What if my field sobriety tests were inaccurate?

Field sobriety tests are subjective and can be influenced by many factors unrelated to impairment. Your lawyer can investigate external factors, like weather or your health conditions, that may have affected your performance on the tests. If the tests were improperly administered, your lawyer can file a motion to suppress the evidence.

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

If you’ve been arrested for DUI in Florida and field sobriety tests were involved, don’t assume the case is lost. The tests aren’t always accurate, and there’s a good chance we can challenge them in court.

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.