Why Field Sobriety Exercises Are Not The Final Word And How A Florida DUI Attorney Can Challenge Them
If you recently performed roadside field sobriety exercises and believe you failed them, it is common to feel as though the case is already lost. Many people tell me the same thing during our first conversation. They assume that because the officer wrote that they “failed” the field tests, conviction is automatic. It is not.
As a Florida DUI Attorney, I remind clients of an important reality. Field sobriety exercises are not scientific pass or fail exams. They are subjective, influenced by stress, medical issues, roadside conditions, footwear, weather, and the opinion of the officer administering them. Officers often treat hesitation, nervousness, or even simple balance issues as signs of impairment when they may have nothing to do with alcohol or drugs.
I encourage you to read this carefully before deciding to give up or plead guilty. A private attorney can review the patrol car video, body camera footage, the instructions you were given, and the conditions you were under, then challenge every assumption that led to your arrest.
Florida DUI Law, What The Statutes Actually Require
The primary DUI law in Florida is found in section 316.193 of the Florida Statutes. Instead of quoting the statute directly, I will summarize what the law requires in clear terms.
Under Florida law, a person may be convicted of DUI if the state proves that:
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the person was in actual physical control of a vehicle, and
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the person’s normal faculties were impaired by alcohol or drugs, or
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the person had a blood alcohol level of 0.08 or higher, measured through lawful testing.
The state must prove these elements through lawful evidence. Field sobriety exercises are only one part of the evidence, and they often carry significant weaknesses. The law does not state that failure of roadside exercises equals guilt. Impairment must still be proven through credible and lawful evidence.
Another important statute is Florida’s implied consent law, section 316.1932. This law explains that drivers agree to submit to breath or blood testing under certain conditions after lawful arrest. It also authorizes driver license suspension upon refusal. It does not say that refusal or poor performance on field sobriety exercises equals guilt or eliminates your defenses.
Because these statutes involve technical procedures and constitutional rights, having a private attorney assess whether the officer complied with the law is critical. I review every legal step the officer took, from the stop through arrest and testing, because a single violation can change the entire outcome.
Why Field Sobriety Exercises Are Not Reliable Indicators Of Impairment
Many clients tell me, “I failed the tests, so I must be guilty.” The truth is that these exercises are not designed to give you the benefit of the doubt.
Here are reasons why field sobriety exercises may be unreliable:
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They are given on uneven pavement, gravel, or roadside shoulders.
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You may be tired, stressed, injured, or simply nervous.
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English may not be your first language.
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Instructions may be rushed or confusing.
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Officers sometimes interrupt or demonstrate them incorrectly.
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Flashing lights, traffic noise, or weather conditions interfere.
Even perfectly sober individuals often have difficulty with balance-related exercises. Officers are trained to record any minor movement as a “clue” of impairment. A private attorney can cross examine the officer on these observations, point out environmental and medical explanations, and show the court how the video contradicts the officer’s narrative.
Common Field Sobriety Exercises And How They Can Be Challenged
Most officers use three primary exercises approved for roadside investigation:
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Horizontal Gaze Nystagmus test.
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Walk and Turn exercise.
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One Leg Stand exercise.
Each of these has foundational requirements that must be met, including proper instruction and demonstration. If an officer fails to follow those requirements, the results are less credible.
Here is how they may be challenged:
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Medical history affecting balance or vision.
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Inner ear conditions or neurological issues.
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Improper footwear, including sandals or heels.
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Unsteady terrain or sloped pavement.
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Officer error in instruction or scoring.
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Video evidence inconsistent with written police reports.
When I review body camera footage, I do not simply accept the officer’s statement that you “failed.” I watch the video with the court’s perspective in mind, slowing it down if necessary, and pointing out every place the officer misinterpreted natural behavior as impairment.
The Officer’s “Opinion” Is Not Enough To Convict You
Many DUI cases are based heavily on the officer’s opinion that a driver “appeared impaired.” This is not the same as scientific proof. Officers are not medical doctors, nor are they human lie detectors. They interpret behavior through the lens of a criminal investigation.
Florida law still requires lawful evidence of impairment. A case that relies only on opinion is vulnerable to challenge. I often argue the following points:
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nervousness explains trembling or shaking better than impairment does
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fatigued drivers can appear confused even when sober
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roadside distractions affect balance and concentration
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minor mistakes on tests do not equal impairment
This is where private counsel makes a difference. A public defender is frequently overwhelmed with caseload volume. A private attorney has the time to examine the nuances of your case, gather video and records early, and invest the time needed to cross examine every assumption.
Do Not Forget Medical Conditions And Anxiety
I have represented clients with:
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diabetes, which can cause slurred speech or unsteadiness
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vertigo or inner ear disorders
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neurological conditions such as multiple sclerosis
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orthopedic problems affecting walking or standing
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anxiety disorder or panic attack during testing
These conditions directly affect performance during roadside exercises and breath testing. When I obtain medical records or physician letters, juries and judges often see your performance differently than the officer did on the roadside.
Real Case Example, How A “Failed” Test Still Led To A Win
A past client, whom I will call M, was stopped late at night after drifting briefly within his lane. The officer claimed M smelled of alcohol and ordered him out of the vehicle for roadside testing. M was nervous, had knee problems from prior surgery, and felt overwhelmed by police lights and traffic noise.
The officer wrote in the report that M failed the Walk and Turn and the One Leg Stand, concluding that he was impaired. M assumed he had no chance to fight the case.
After I was retained, I obtained body camera video and reviewed it carefully. The video revealed:
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the roadway was sloped
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the officer gave rapid and conflicting instructions
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traffic passed close by at high speed
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my client explained his knee injury, which the officer ignored
I filed a motion to suppress the arrest based on improper roadside investigation and challenged the officer’s credibility using the video. The prosecution later agreed to reduce the charge significantly, eliminating the DUI conviction. My client avoided jail and protected his record.
Outcomes always depend on facts and law, and no result is guaranteed, but this case illustrates why you should not assume that apparent “failure” means guilt.
Why You Should Still Fight Even If You Think You Failed
You should still fight your DUI charge for the following reasons:
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field tests are subjective, not scientific
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officers sometimes misstate or exaggerate performance
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video can differ from written reports
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medical and environmental explanations may exist
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the traffic stop itself might have been unlawful
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the breath test may be unreliable or inadmissible
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prosecutors negotiate differently when defense counsel is prepared
Guilty pleas close doors. Fighting keeps options open, including dismissal, reduction to reckless driving, or diversion when eligible.
Other Defenses That May Apply In Your Case
Even when field tests look bad, your case may still have strong defenses, including:
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lack of reasonable suspicion for the traffic stop
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lack of probable cause for the arrest
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failure to properly administer implied consent warnings
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problems with breath test machine calibration
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contaminated breath samples
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inconsistent officer testimony
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violation of your constitutional rights
As a private attorney, I can dedicate time to investigating every defense rather than assuming the case is unwinnable.
Why You Need A Private Attorney Right Away
DUI cases involve tight deadlines. Within ten days, your driving privilege may be suspended unless you request administrative review. Evidence such as body camera recordings can be lost if not preserved early. Witness memories fade, and video footage from nearby businesses may be erased.
A private attorney can:
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file necessary DMV paperwork
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preserve and obtain all video and audio recordings
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examine breath test maintenance records
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interview witnesses
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retain experts when necessary
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prepare you for court appearances
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negotiate directly with the prosecutor
The sooner I am involved, the better the opportunity to protect your license, your record, and your future.
Florida Field Sobriety Frequently Asked Questions
If I think I failed the field sobriety exercises, is my case lost?
No. Field sobriety exercises are opinion-based assessments, not scientific proof. Officers often treat any misstep as impairment, even though many sober people struggle with balance tests. Video review, medical history, and cross examination frequently change how these exercises are interpreted in court.
Can anxiety or nerves make me look impaired on camera?
Yes. Anxiety can cause shaking, rapid speech, sweating, and difficulty concentrating. These symptoms can mimic signs officers associate with impairment. When I explain anxiety reactions to the court and support them with medical records or testimony, the picture changes significantly.
What if I refused the breath test after failing field exercises?
Refusal leads to administrative license suspension, but it does not automatically result in conviction. The prosecution must still prove impairment lawfully. Many refusal cases are defensible, especially when the basis for arrest was weak or the implied consent warning was not handled correctly.
Do Florida judges believe officers over defendants?
Judges and juries listen to evidence. Officers are not automatically believed. Body camera video, inconsistencies in police reports, and cross examination often expose errors or exaggeration. Your attorney’s preparation plays a major role in how credibility issues are presented.
Can medical conditions cause poor field sobriety performance?
Yes. Vertigo, knee problems, back injuries, neurological issues, and diabetes can directly affect balance and coordination. If you have any of these conditions, tell your attorney immediately. Medical documentation can change the entire interpretation of the video and the officer’s opinion.
Should I still hire a private attorney if I plan to plead guilty?
Yes. You may not need to plead guilty. Even when a plea is appropriate, private counsel can often negotiate better terms, such as reduced charges, lighter penalties, or alternatives to jail. A careful case review may reveal defenses you were unaware of.
Do officers always administer field sobriety exercises correctly?
No. Officers are human, and mistakes occur. They sometimes fail to demonstrate correctly, give unclear instructions, score clues inaccurately, or overlook major environmental factors. Video frequently reveals errors that were not mentioned in the written report.
Is it worth fighting for a reduction to reckless driving?
For many clients, yes. A reduction avoids a DUI conviction, reduces penalties, and may lessen insurance and employment consequences. I evaluate every case for opportunities to pursue reductions when supported by the facts.
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 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.