Assessment of Impairment: Standardized Field Sobriety Tests in Tampa, Florida
Trust Our Tampa DUI Attorneys to Handle Your Case
Navigating through a legal labyrinth can be daunting, especially when it involves an offense such as driving under the influence (DUI). One of the primary tools used by law enforcement to substantiate a DUI charge is the Standardized Field Sobriety Test (SFST). Developed in the 1970s, the SFST is a series of three distinct evaluations designed to determine if a driver is intoxicated or under the influence of drugs. These tests, backed by scientific validation, are acknowledged as admissible evidence in courtrooms across most U.S. states.
However, while the SFSTs are an integral part of the DUI investigation process, they aren't foolproof. Various factors can influence the results, including the test subject's physical condition, nervousness, the environment in which the tests are conducted, and even the officer's subjective interpretation of the results. That's where our experienced DUI attorneys step in to provide skilled and thorough representation.
Standardized Field Sobriety Tests
Horizontal Gaze Nystagmus (HGN) Examination
The HGN test is based on the premise that alcohol impairs the brain's ability to control eye muscles. When a person is inebriated, the capacity to track moving objects decreases significantly. HGN is an involuntary eye twitch that takes place when the eyes look sideways. In sober individuals, this phenomenon typically occurs only at high peripheral angles. In contrast, individuals under the influence may experience pronounced HGN at lesser angles.
During the HGN test, a law enforcement officer instructs you to follow a moving object, such as a pen or flashlight, using only your eyes. The officer observes the smoothness of your eye movements, checks for any jerkiness when your eyes have moved as far to the left or right as possible, and notes whether your eyes begin to jerk prematurely.
Walk-and-Turn Examination
The walk-and-turn test is a 'divided attention' test. It requires you to listen to instructions, remember them, and then perform physical movements based on those instructions. You'll be asked to take nine heel-to-toe steps in a straight line, pivot on one foot, and return in the same manner facing the opposite direction. The officer assesses your ability to follow instructions, your level of distraction, and your ability to maintain balance.
While this test may seem straightforward, many factors can affect performance. These could include physical conditions like balance disorders or injuries, environmental conditions such as a sloped or uneven surface, and the subject's footwear.
One-Leg Stand Assessment
The one-leg stand test is another divided attention test that simultaneously taxes the subject's mental and physical capabilities. You're required to stand on one foot, raising the other about six inches off the ground, and count aloud from "one-thousand-one" until the officer instructs you to lower your foot. During this time, typically about 30 seconds, the officer will watch for signs of impairment such as swaying, hopping, using arms for balance, or putting your foot down prematurely.
Just like the walk-and-turn test, the one-leg stand test can be influenced by a myriad of factors. People with physical impairments, older individuals, or those with certain medical conditions may naturally have difficulty with balance, making the test results potentially misleading.
Should a Driver Submit to Field Sobriety Tests in Florida?
Whether a driver should submit to Field Sobriety Tests (FSTs) in Florida is a complex issue and largely depends on individual circumstances. However, it's important to understand your rights and the potential implications of your decisions.
In Florida, as in many states, you are not legally required to submit to Field Sobriety Tests. These tests are voluntary and are primarily used by law enforcement to gather evidence to support an arrest for DUI (Driving Under the Influence) and subsequent prosecution.
Advantages of Refusing Field Sobriety Tests:
- Less Evidence for Prosecution: The primary purpose of FSTs is to gather evidence of impairment. By refusing to participate, you may limit the evidence that can be used against you in a court of law.
- Subjectivity of Tests: FSTs are subject to the interpretation of the administering officer, who may be inclined to perceive signs of impairment whether or not they exist. Not taking the tests eliminates this risk.
Disadvantages of Refusing Field Sobriety Tests:
- Suspicion of Guilt: Some might argue that refusing to take the tests might make you appear guilty. This appearance could potentially be used against you in court, even though you have a legal right to refuse.
- License Suspension: While refusing FSTs won't directly lead to license suspension, refusing a breath, blood, or urine test—which often follow FSTs—can result in automatic license suspension due to Florida's implied consent laws.
Keep in mind that every situation is unique. If you're pulled over and asked to perform Field Sobriety Tests, you might want to politely decline and state that you're exercising your legal rights. If you're arrested for DUI, it's important to contact a knowledgeable DUI attorney as soon as possible to help you navigate the complexities of the legal system and ensure your rights are protected.
Remember, this information is general in nature and may not apply to your specific circumstances. It's always advisable to consult with an experienced DUI attorney to understand your rights and responsibilities better.
Police officers use FSTs to establish probable cause for a DUI arrest, but these tests are not foolproof. They can be affected by various factors unrelated to alcohol or drug use, such as nervousness, fatigue, certain medical conditions, or even the shoes you're wearing.
On the other hand, refusing a breathalyzer, blood, or urine test can have more serious consequences due to Florida's implied consent laws. If you're lawfully arrested by an officer who has probable cause to believe you've been driving under the influence, then you consent to taking a chemical test of your breath for the purpose of determining your blood alcohol content (BAC). Refusal to submit to a breathalyzer test can result in an automatic suspension of your driver's license for one year for the first refusal, and 18 months for subsequent refusals. Additionally, refusal can be used against you in court as evidence of your guilt.
Navigating these issues can be challenging, which is why it's crucial to have experienced legal representation. If you're arrested for a DUI, even if you refused the FSTs, a skilled Tampa DUI attorney can review the circumstances of your arrest to determine whether it was made lawfully and whether your rights were respected throughout the process. They can also guide you through the legal process and help you understand your options.
The Importance of Expert Legal Representation
Our legal team understands the complexities of Florida DUI law, including the potential pitfalls and ambiguities of SFSTs. While these tests can form part of the evidence presented in court, their reliability isn't always beyond question. It's crucial to have knowledgeable representation to scrutinize your SFST results meticulously, determine the correctness of the tests administered, and identify any factors that might have affected the outcome.
Our attorneys will carefully examine the following aspects:
- Test Administration: Our team will assess whether the law enforcement officer properly administered the SFSTs, adhering to the guidelines set forth by the National Highway Traffic Safety Administration (NHTSA).
- Environmental Conditions: We will investigate the conditions in which the tests were conducted, taking into consideration factors such as weather, lighting, and the testing surface.
- Physical and Mental Health: Our attorneys will examine your physical and mental health conditions at the time of the test to determine if any factors might have influenced your performance.
- Officer's Training and Experience: We will scrutinize the training and experience of the officer who administered the tests, as well as their ability to interpret the results accurately.
- Subjective Interpretation: Our team understands that human interpretation can be subjective, and we will critically analyze the officer's interpretation of your SFST results.
- Video Evidence: We will review any available video footage of the tests to identify potential discrepancies between the officer's observations and your actual performance.
Building a Strong Defense Strategy
Our skilled DUI attorneys will not only examine the SFSTs but also explore other evidence, such as breathalyzer results, witness testimony, and additional documentation, to build a comprehensive defense strategy tailored to your specific case. We recognize that every client's situation is unique, and we will strive to protect your rights and secure the best possible outcome for your case.
Contact Our Tampa DUI Attorneys Today!
Don't let unreliable SFST results determine the outcome of your DUI case. Trust our seasoned legal professionals to provide the diligent representation you deserve. Contact us at (888) 484-5057 or complete our online form for a complimentary case consultation.
Our Florida DUI attorneys are dedicated to defending your rights and providing you with the resources and knowledge necessary to navigate the legal process with confidence. With our extensive experience and unwavering commitment to achieving the best possible outcome for our clients, you can rest assured that your case is in capable hands.
Tampa Office
Musca Law
625 East Twiggs Street, Suite 1000, Unit 117
Tampa, FL 33602
(813) 362-5623