In Florida, Driving Under the Influence (DUI) is a serious offense with potential life-altering repercussions. A crucial element in many DUI cases is the field sobriety test, an on-site series of evaluations that law enforcement uses to determine a driver's impairment level. This article will explore the role of field sobriety tests in Florida DUI cases, discuss the relevant statutes, and answer frequently asked questions on the topic.
Understanding Field Sobriety Tests
Field sobriety tests (FSTs) are a series of physical and cognitive tasks that police officers use to ascertain whether a driver is impaired. The National Highway Traffic Safety Administration (NHTSA) endorses three standardized field sobriety tests, collectively known as the Standardized Field Sobriety Test (SFST). These are:
- Horizontal Gaze Nystagmus (HGN) Test: This test examines the involuntary jerking of a person's eye (nystagmus) as they gaze from side to side. When under the influence of alcohol, nystagmus is exaggerated, and the jerking begins before the eye has moved 45 degrees.
- Walk-and-Turn Test: In this test, the suspect must take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. The officer looks for signs of impairment such as lack of balance, inability to stay on the line, or difficulty following instructions.
- One-Leg Stand Test: The suspect must stand with one foot approximately six inches off the ground and count aloud by thousands until told to put the foot down. The officer watches for swaying, hopping, or using arms for balance, suggesting impairment.
These tests aim to establish probable cause for a DUI arrest and to collect evidence that can be used in court.
Non-Standardized Field Sobriety Tests
In addition to the three standardized field sobriety tests endorsed by the NHTSA, law enforcement officers in Florida may use additional, non-standardized tests to determine impairment. These can include:
- Finger-to-Nose Test: In this test, the driver is asked to close their eyes, tilt their head back slightly, and touch the tip of their nose with the tip of their finger. This test measures body coordination and balance.
- Recite the Alphabet Test: The driver may be asked to recite all or part of the alphabet. This test assesses the driver’s cognitive ability, which may be impaired by alcohol or drugs.
- Counting Test: The driver might be asked to count forwards or backwards from a certain number. Like the alphabet test, this measures cognitive ability.
Although these tests are not standardized, they can still provide evidence of impairment. However, because they are not standardized, their reliability and accuracy can be more easily challenged in court.
Field Sobriety Tests in Florida Statutes
Interestingly, Florida law does not specifically mention field sobriety tests in its DUI statute Florida Statute 316.193. The law merely prohibits driving under the influence of alcoholic beverages, chemical substances, or controlled substances when the person is affected to the extent that their normal faculties are impaired.
However, refusal to submit to field sobriety tests can be used against a driver in court as consciousness of guilt. While there is no statutory penalty for refusing a field sobriety test, refusal to submit to a chemical or physical breath-alcohol test as stated in Florida Statute 316.1932 can lead to penalties, including license suspension.
Frequently Asked Questions
1. Are field sobriety tests mandatory in Florida?
No, field sobriety tests are not mandatory in Florida. You can politely refuse to take these tests. However, keep in mind that your refusal may be presented in court as consciousness of guilt.
2. How accurate are field sobriety tests?
According to NHTSA, the three SFSTs, when administered together correctly, are correct in predicting blood alcohol concentration (BAC) at or above 0.08% approximately 90% of the time. However, it's important to note that various factors like health conditions, age, or nervousness can affect the tests' accuracy.
3. Can I get a DUI if I pass the field sobriety tests in Florida?
Yes, you can still be arrested and charged with DUI even if you pass the field sobriety tests. These tests are just one piece of the evidence that law enforcement may use to establish impairment. Other evidence may include driving pattern, physical appearance, performance on other tests, or the officer's observations.
4. How can a DUI defense attorney challenge the results of a field sobriety test?
A skilled DUI defense attorney can challenge the results of a field sobriety test by questioning the conditions under which the test was administered, the officer's training in conducting the test, or the inherent limitations of the test itself.
5. Does a field sobriety test affect my driver's license?
While a field sobriety test itself doesn't affect your driver's license, refusal to submit to a chemical test (breath, blood, or urine) can result in an automatic suspension of your driver's license.
While field sobriety tests play a significant role in DUI cases in Florida, their results can be challenged. If you're facing a DUI charge, it's essential to seek the help of an experienced DUI defense attorney who understands the complexities of these tests and can provide a robust defense.
Challenging Field Sobriety Tests in Court
In court, a skilled DUI defense attorney can challenge the validity of field sobriety tests on several fronts:
- Administration of the Test: The attorney may question whether the officer properly instructed and administered the test, and whether the officer is qualified to assess the test results.
- Subjective Interpretation: Field sobriety tests rely heavily on the subjective judgment of the officer administering the test. The attorney can question the officer's interpretations and conclusions.
- External Factors: External factors such as weather conditions, lighting, road conditions, and the driver's physical or mental condition can affect the results of the test. These factors can be brought up as reasons why the test results may not be reliable.
- Inherent Flaws: Field sobriety tests are not infallible. In fact, sober individuals may have difficulty performing these tests. Defense attorneys can highlight these inherent flaws to cast doubt on the reliability of the test results.
How a DUI Defense Attorney Can Help
If you have been charged with a DUI in Florida, an experienced DUI defense attorney can help. The attorney can:
- Analyze the evidence: A DUI defense attorney will thoroughly review the case evidence, including the administration and results of field sobriety tests, and explore potential avenues for challenging the evidence.
- Protect your rights: The attorney will ensure your rights were not violated during the arrest process, such as ensuring you were properly informed of your rights and that the police had a valid reason for stopping you.
- Negotiate with prosecutors: If appropriate, the attorney can negotiate with prosecutors to reduce the charges or the penalties.
- Represent you in court: If your case goes to trial, the attorney will represent you in court, challenging the prosecution's evidence and presenting a strong defense on your behalf.
Field sobriety tests play a significant role in DUI cases in Florida, providing evidence to establish probable cause for a DUI arrest and to use in court. However, these tests are not perfect and can be challenged in court. If you are facing DUI charges in Florida, it is essential to consult with an experienced DUI defense attorney to discuss your options and prepare a strong defense.
Free Consultations Offered 24/7 at 1-888-484-5057
If you or a loved one are facing DUI charges in Florida, contact Musca Law, P.A., a reputable DUI Defense law firm with over 30 offices throughout Florida, including Tampa, Orlando, Key West, the Panhandle, and throughout Florida. Our team of seasoned DUI Defense Attorneys are ready to help you build your DUI defense, and we encourage you to contact us 24/7 at 1-888-484-5057.