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Florida DUI Field Sobriety Test

There are almost a dozen exercises used by law enforcement as “field sobriety tests” to discern if drivers have been drinking. Many people are surprised to discover that the tests are not legally required and in fact, you may decline to take them. If you do take them, an experienced attorney can demonstrate to the jury that the tests were destined for failure — that both sober and intoxicated people were just as likely to fail.

The most common field sobriety tests include:

• Walk and turn
• One-leg stand
• Horizontal gaze nystagmus (following the officer’s finger or a pencil with your eyes)
• Modified position of attention test
• Touching finger to nose
• Reciting the alphabet (often backwards)
• Rapidly touching four fingers to your thumb
• Rapidly alternating hand patting

At the Whited Law Firm we often talk with our clients about how the results of field sobriety tests affect their cases. As experienced criminal defense attorneys, we know how to achieve the best possible results in cases involving these types of field evidence.

Field Sobriety Tests — When You are “Destined for Failure”

Many studies have shown that field sobriety tests do not accurately reflect whether you are intoxicated. Most field sobriety tests — like standing on one leg or touching your finger to your nose — are not things that you've probably practiced. It is normal not to be good at them, especially under pressure. Police officers often view failure of a field sobriety tests as probable cause that you were drinking, often when this is not the case.

The federal government’s National Highway Traffic Safety Administration (NHTSA) has funded research that found that only three types of field sobriety tests are effective in detecting intoxication. These include the walk-and-turn, the one-leg-stand and the horizontal gaze nystagmus.

According to NHTSA studies, all other field sobriety tests are unreliable and should not be used. Since these findings were publicized, police agencies across the United States have adopted these three so-called “standardized field sobriety tests.”

Contact a Florida DUI Field Sobriety Test Lawyer

If you have been accused of driving under the influence consulting with a lawyer is critical. Schedule an appointment with one of our DUI attorneys by calling 386-253-7865 or completing our online contact form. We offer free, confidential and non-judgmental consultations to answer your questions and discuss the options available to you. We welcome your call.