Intoxicated Driver Resists Arrest, Makes Incriminating Statements And Fails Field Sobriety Tests

No DUI Conviction; No Driver’s License Suspension.

The Charges

A Gulf County Officer pulled over our client for failure to maintain a single lane. The officer observed the vehicle cross the center lane and drift back. It was also observed that the vehicle had crossed the white line to the center lane at a continuous rate. The vehicle then proceeded into the parking lot of a closed gas station where the officer made contact with the driver. When the officer questioned the driver, there was a slight slur in her speech, she had watery eyes, and an odor of alcohol emitted from the vehicle. The driver was asked where she was headed to, and she answered that she was just driving around. She was then asked to step out of the vehicle, where she stumbled and use the vehicle as her aid when exiting. She was then asked if she would submit to field sobriety exercises, which she agreed to. She performed poorly. She was then placed under arrest, and transported to the jail where she was charged with DUI. She then became verbally hostile to the officers.

Field Sobriety Tests

Field sobriety tests are a series of three, sometimes more, tests that a police officer could do in order to determine if an individual has been drinking.  

The three standard tests used include the following:

  • Walk-and-turn test
  • The horizontal gaze nystagmus
  • One-leg stand

There are also a number of non-standardized tests that can be used:

  • Hand-pat test
  • ABC test
  • Romberg balance test
  • Finger count test
  • Finger to nose test
  • Numbers backward test
  • Vertical gaze nystagmus test

If you have had a field sobriety test done, but do not believe you are intoxicated, you can fight it. These tests are not always accurate. And sometimes, it does look like a person is drunk when they have certain medical conditions. Things that can cause a person to perform poorly on a field sobriety test include the following:

  • Slippery and uneven pavements
  • Footwear
  • Age
  • Weight
  • Medical conditions
  • Physical injuries
  • Medications a person is taking
  • Brain tumors
  • Nerve damage
  • Inner ear issues
  • Stress
  • Sleep deprivation
  • Mobility issues
  • Cognitive issues
  • Focus problems such as ADHD

Musca Law Firm and DUI Cases

If you find yourself with a DUI charge, please find legal assistance as soon as possible. An attorney can examine your case to make sure you were lawfully pulled over, read your Miranda rights, and that the breathalyzer test was performed correctly. 

At Musca Law Firm here in Florida, we have handled many DUI cases successfully. Our number one priority in this case will be you. We will take the time to do our research and find a defense that can work for you. We know your rights and we want you to know them as well. Please call us today at (888) 484-5057 to set up your free consultation. 

RESULT: After diligent negotiations with the ASA (Assistant State Attorney), the Musca Law Defense Attorney obtained the following results: NO DUI CONVICTION and NO LICENSE SUSPENSION!