Our client was pulled over for failure to maintain a lane and then hit the curb in the process of pulling over. The officer observed that she had red glassy eyes and a strong odor of alcohol emitted from her facial area. When asked for her driver’s license, she produced a receipt instead. The officer conducted Field Sobriety Testing in which she performed poorly. A breathalyzer test showed that our client blew a .155% and a .167%.
Field Sobriety Tests In Florida
Field sobriety tests (FSTs) in Florida are performed to determine what the physical and cognitive capacity are for those that have been suspected of driving under the influence (DUI). The result of these tests can be shared in court, and may also be videotaped to share as well.
There are typically three tests that are done. Law enforcement can also add others if they desire. The standard tests are the following:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn (WAT)
- One-Leg Stand (OLS)
Other testing that law enforcement officers have used include the following:
- Finger-to-Nose Test
- Romberg Alphabet Test
- Counting Test
Law enforcement officers will generally ask an individual to perform a field sobriety test after there was an automobile accident or if they suspect a driver of drinking or drug use. If the individual is driving in an erratic manner, these tests can also be used.
During Field Sobriety Testing
If a police officer asks one to undergo a field sobriety test, legally a person is not obligated to do so. More than likely, you will still be placed under arrest for DUI. However, the testing results will not be able to be used as evidence in court, so that may be beneficial to your case.
If you do consent to a field sobriety test, you should know that many times you are set up to fail. A police officer will often read the directions, then expect you to do it perfectly, even if the officer has not been clear in their instructions. You will most likely be nervous, and then after reading a long command with several steps, it may be hard for you to remember what all to do. During the testing, the officer will look for things such as swaying or loss of balance. They will expect you to stay on the line when doing the walk and turn and will also expect you to take the correct amount of steps.
Hiring Legal Representation
DUI charges can cause havoc in your life. Because of this, it is in your best interest to hire a lawyer to help you fight such charges. Musca Law Firm has successfully argued with the prosecution to help many who have been charged with DUIs receive reduced or even dismissed charges. Our firm has over 150-years of combined experience, which instills them with the experience to build strong and effective defenses for our clients. We have offices throughout the state of Florida, and offer a free, no-obligation case consultation to new clients. Don’t hesitate to call us today at (888) 484-5057 to see how our legal services may best support you and your needs.
RESULT: The arresting officer failed to appear at the hearing, and failed to provide just cause for his failure to attend. LICENSE REINSTATED!