How Flawed Field Sobriety Tests Can Lead to Unjust DUI Charges in Florida — And Why You Need a Private Attorney
When you’re pulled over on suspicion of DUI in Florida, one of the first things officers often ask you to do is perform a field sobriety test (FST). You may be thinking, “If I pass this test, I’m fine,” but there’s a catch. Many drivers don’t realize that field sobriety tests are not perfect, and there are many ways in which these tests can be invalid.
I’ve seen too many clients wrongfully arrested after a flawed or improper field sobriety test. Whether the test wasn’t conducted properly or your rights were violated during the stop, there are plenty of reasons to challenge the results. Let me walk you through what makes a field sobriety test invalid in Florida, the relevant statutes that apply, and the defenses that can protect your rights.
What Are Field Sobriety Tests?
Field sobriety tests (FSTs) are a set of physical and mental exercises used by police to determine if a driver is impaired due to alcohol or drugs. These tests are meant to measure your balance, coordination, and ability to follow instructions. Some of the most common FSTs used by Florida law enforcement include:
- Horizontal Gaze Nystagmus (HGN) Test – A test where the officer moves a pen or flashlight in front of your eyes to see if your eyes twitch or jerk unnaturally.
- Walk-and-Turn Test – A test where the officer asks you to walk a straight line heel-to-toe, turn around, and return.
- One-Leg Stand Test – A test where you are asked to stand on one leg for several seconds.
While these tests are commonly used, they’re far from infallible. Officers must follow strict protocols when administering these tests, and if those procedures are not followed, the results can be challenged in court.
The Legal Basis: Florida Statutes § 316.193 and Other Relevant Laws
Florida law under § 316.193 makes it illegal to drive under the influence of alcohol or drugs to the extent that your normal faculties are impaired. This statute covers the DUI arrest, but when it comes to field sobriety tests, there are also guidelines for how these tests should be conducted.
Florida Statutes § 316.193(1) states that a person is guilty of DUI if they are under the influence of alcohol or drugs when they are driving or in control of a vehicle.
However, Florida Statutes § 316.1932(1) specifically addresses implied consent for chemical testing like breath, blood, or urine tests but does not require that you must take field sobriety tests during a DUI stop. You are not legally obligated to perform field sobriety tests, and refusing them does not carry the same penalties as refusing a breath test.
What Makes a Field Sobriety Test Invalid?
There are many factors that can make a field sobriety test invalid, and many of them are based on how the test was conducted or the conditions surrounding the test. Here are the key issues that can lead to invalid field sobriety tests in Florida:
1. Failure to Follow Standardized Procedures
The National Highway Traffic Safety Administration (NHTSA) provides a set of standardized procedures for officers to follow when administering field sobriety tests. If the officer does not follow these procedures exactly, the results can be invalidated. For example, if the officer does not properly explain the instructions for the walk-and-turn test or one-leg stand test, the results may not be reliable.
2. Environmental Conditions
Certain conditions can affect your performance on field sobriety tests, and the officer should take these into consideration. Things like wet roads, poor lighting, uneven surfaces, or even bad weather can make it more difficult to perform the tests correctly. If the officer fails to account for these conditions, the test results can be challenged.
3. Medical Conditions and Disabilities
If you have a medical condition or physical disability, it can affect your ability to perform the field sobriety tests. Conditions like inner ear problems, balance disorders, leg injuries, or even fatigue can make it harder for you to pass the tests, even if you’re sober. Officers are supposed to take medical conditions into account before asking you to perform field sobriety tests, but they often don’t. This can lead to a wrongful DUI charge.
4. Improper Administration of the Tests
For the Horizontal Gaze Nystagmus (HGN) test to be valid, the officer must hold the stimulus at the correct distance from your face and move it at the proper speed. If these steps aren’t followed, the test results can be unreliable. Similarly, if the officer doesn’t give clear instructions or uses unclear language during the walk-and-turn or one-leg stand tests, the results can be questioned.
5. Fatigue or Stress
Fatigue or stress can affect your physical performance, and officers may not always consider these factors. If you’ve been on the road for hours or are nervous about the stop, your ability to perform the tests accurately can be compromised. The officer may interpret this as impairment when it’s actually a normal response to stress.
6. Failure to Consider Drug Impairment
If you are suspected of drug impairment rather than alcohol impairment, field sobriety tests may not be the best indicators of impairment. Drug Recognition Experts (DREs) are often brought in for drug-related DUIs, but if the officer performs the tests without considering drug impairment specifically, the test results can be inaccurate.
Why You Need an Attorney
A private attorney who handles DUI cases can be your best defense against an unfair DUI charge based on field sobriety tests. Here’s why:
- We know how to challenge field sobriety tests: A private attorney will review the video of your arrest (if available) and analyze the officer’s handling of the tests. We’ll look for procedural mistakes or conditions that could have made the test invalid.
- We know how to handle medical conditions: If you have a medical condition that could affect your performance on these tests, we can bring in expert witnesses to explain how that condition could have impacted the results.
- We understand the law: While police officers are often trained in field sobriety tests, they’re not perfect. We know how to cross-examine officers to point out weaknesses or violations in their procedures.
I’ve handled numerous cases where the field sobriety tests were flawed or improperly administered. For example, I once defended a client who was arrested for DUI after being asked to take a one-leg stand test. The officer didn’t properly explain the instructions and failed to account for my client’s leg injury. I was able to have the evidence suppressed, and the case was dismissed.
If you don’t have an attorney fighting for you, you might miss the chance to argue that the field sobriety tests were invalid or improperly administered. That’s where I come in—ensuring that your rights are protected and that you get a fair shot in court.
Real-Life Example of a Successful Case
One of the most memorable cases I worked on involved a client who was stopped late at night after swerving slightly in the road. The officer administered the walk-and-turn test, but my client had a bad knee and had just finished a long day of work. The officer failed to ask about any potential medical conditions before performing the test.
We argued in court that the test was unfairly conducted, given my client’s condition. The judge ruled that the test was invalid and suppressed the evidence. Without that evidence, the case against my client collapsed, and the charges were dropped.
This case showed me just how important it is to have a lawyer who will look beyond the surface and understand the full context of your arrest.
Florida Field Sobriety Test Frequently Asked Questions
What happens if I refuse to take a field sobriety test in Florida?
In Florida, refusing to take a field sobriety test doesn’t carry the same penalties as refusing a breath test, but it can still be used against you in court. However, you are not legally obligated to perform a field sobriety test. You can politely refuse, and an experienced DUI attorney will know how to challenge the officer’s case if the tests were improperly handled.
Can field sobriety tests be used as evidence in court?
Yes, field sobriety test results can be used as evidence in court, but they must be administered correctly. If there’s a mistake in how the test was given or if environmental factors impacted your performance, an attorney can argue that the results are invalid.
Can medical conditions affect my ability to perform field sobriety tests?
Yes, medical conditions like leg injuries, balance disorders, or even stress and fatigue can affect your ability to perform the tests. If you have a medical condition, it’s important to inform the officer, and your attorney can use that information to challenge the validity of the tests in court.
How do I fight a DUI charge based on field sobriety tests?
The first step is to hire a lawyer who understands how to challenge the tests. A skilled DUI attorney will review the circumstances surrounding the stop, the officer’s training, the conditions of the test, and any medical issues that may have affected your performance. They’ll fight to have the evidence suppressed if the tests weren’t administered properly.
Are field sobriety tests always accurate?
No. Field sobriety tests are subjective and can be affected by many factors, including physical conditions, stress, the environment, and how the test is conducted. An attorney can assess whether the test was performed properly and whether it’s valid evidence in your case.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you’ve been arrested for DUI and field sobriety tests were involved, don’t let flawed tests determine your future. Contact me today, and I’ll fight to protect your rights and challenge the evidence against you.
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.