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Police man taking sobriety test of driver

How Do Field Sobriety Tests Impact DUI Defense?

Archer Law Jan. 9, 2025

Facing a DUI charge in Clermont, Florida, can be a stressful and overwhelming experience. At Archer Law, we understand how critical it is to examine every aspect of your case, including the field sobriety tests administered by law enforcement. 

These tests are often a key component in DUI cases, and their results can significantly influence the outcome. Working with a skilled criminal defense lawyer can help you challenge the validity of these tests and protect your rights.

The Purpose of Field Sobriety Tests

Field sobriety tests (FSTs) are used by law enforcement officers to assess a driver’s level of impairment during a traffic stop. These tests aim to provide physical and cognitive evidence to support a DUI arrest.

  • Assessing coordination: Many FSTs evaluate a person’s physical coordination, balance, and motor skills.

  • Judging mental focus: These tests also measure the individual’s ability to follow instructions and maintain concentration.

  • Establishing probable cause: Results from FSTs are often used to justify further testing, such as a breathalyzer or blood test, and to establish probable cause for an arrest.

While these tests are widely used, their accuracy and reliability are frequently called into question, making them a focal point in DUI defense strategies.

Types of Field Sobriety Tests Used in Florida

The National Highway Traffic Safety Administration (NHTSA) has standardized three FSTs, but officers may use additional non-standardized tests. Understanding these tests is essential for building a strong defense.

Standardized Tests

  • Horizontal gaze nystagmus (HGN): This test involves observing the involuntary jerking of the eye as it follows a moving object. Officers look for exaggerated jerking, which can indicate impairment.

  • Walk-and-turn (WAT): The individual is asked to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. This test assesses balance, coordination, and the ability to follow instructions.

  • One-leg stand (OLS): The person must stand on one leg while counting aloud for 30 seconds. Officers evaluate balance and physical stability.

Non-Standardized Tests

  • Finger-to-nose test: The driver is asked to touch their nose with their finger while keeping their eyes closed.

  • Reciting the alphabet: This test involves reciting a portion of the alphabet, often backward or starting from a specific letter.

  • Counting test: Officers may ask the individual to count numbers in reverse order.

Non-standardized tests are less reliable and are not endorsed by the NHTSA, making them more susceptible to legal challenges. A criminal defense lawyer can help you traverse these difficult-to-understand distinctions.

Factors That Can Impact Field Sobriety Test Results

FSTs are not foolproof and can be influenced by various factors that have nothing to do with alcohol or drug impairment. A criminal defense lawyer will often investigate these elements to challenge the validity of the test results.

  • Medical conditions: Physical impairments, neurological disorders, or inner ear problems can affect balance and coordination.

  • Environmental conditions: Uneven surfaces, poor lighting, or inclement weather can make it difficult to perform FSTs accurately.

  • Footwear: High heels, sandals, or other types of footwear can compromise balance and stability.

  • Officer bias: Preconceived notions or improper instructions from the officer can skew the test results.

  • Nervousness: The stress of being pulled over and tested can impact performance, even for sober individuals.

Highlighting these factors is crucial in undermining the credibility of FST results in court.

Legal Standards and Challenges in Florida

Florida law allows FST results to be used as evidence in DUI cases, but they must meet certain standards to hold up in court. Understanding these legal requirements can help you challenge their admissibility.

  • Proper administration: Officers must follow NHTSA guidelines when conducting standardized tests. Deviations from these protocols can render the results invalid.

  • Officer training: The administering officer must be adequately trained and certified to perform FSTs.

  • Objective documentation: The officer’s observations should be documented clearly and objectively. Body camera footage can be instrumental in verifying whether the tests were conducted properly.

  • Chain of evidence: Any discrepancies in how the evidence was handled or recorded can weaken the prosecution’s case.

A skilled criminal defense lawyer will scrutinize these elements to identify any procedural errors or inconsistencies.

Challenging Field Sobriety Test Results in Court

There are several strategies your lawyer may use to dispute FST results during a DUI defense.

Questioning the Test Conditions

  • Environmental factors: Highlighting poor lighting, uneven pavement, or adverse weather conditions that could have influenced performance.

  • Improper footwear: Demonstrating how the defendant’s footwear may have impacted their ability to complete the tests.

Contesting Officer Conduct

  • Improper instructions: Arguing that the officer failed to provide clear or accurate instructions.

  • Subjective observations: Pointing out that the officer’s assessment may have been biased or subjective.

Presenting Alternative Explanations

  • Medical conditions: Providing medical records or professional testimony to explain physical or cognitive impairments unrelated to intoxication.

  • Nervousness: Demonstrating how stress and anxiety could have negatively affected performance.

By leveraging these strategies, a criminal defense lawyer can cast doubt on the reliability of the FST results, potentially weakening the prosecution’s case.

Technology and Field Sobriety Tests

Advancements in technology have introduced new tools to aid law enforcement in assessing impairment, but they also present additional opportunities for legal challenges.

  • Body cameras: Footage from body cameras can provide a more objective record of the FST administration and the driver’s performance.

  • Mobile applications: Some officers use apps to record and analyze FST results. The reliability and accuracy of these apps can be called into question.

  • Breathalyzer integration: Combining FSTs with breathalyzer tests may introduce inconsistencies if the results don’t align.

A knowledgeable criminal defense lawyer can use these technological elements to further scrutinize the evidence and build a robust defense.

Alternatives to Field Sobriety Tests

In some cases, refusing FSTs may be an option, although it comes with potential consequences. Florida law allows drivers to decline these tests without immediate penalties, but officers may still proceed with an arrest based on other observations.

  • Breathalyzer tests: These tests are more objective but can still be challenged based on calibration, maintenance, or procedural errors.

  • Blood tests: Considered more accurate than breathalyzers, blood tests require a warrant and can be subject to scrutiny regarding handling and analysis.

  • Observation-based evidence: Officers may rely on behaviors such as slurred speech, bloodshot eyes, or the smell of alcohol to establish probable cause.

Understanding the alternatives to FSTs can help you make informed decisions during a DUI stop and strengthen your defense strategy.

Legal Representation in DUI Cases

Field sobriety tests are just one aspect of a DUI case, but they often play a pivotal role in the prosecution’s argument. Having an experienced criminal defense lawyer by your side confirms that every piece of evidence is thoroughly examined and that your rights are protected throughout the legal process.

From challenging the administration of FSTs to disputing the validity of the results, a skilled lawyer can identify weaknesses in the prosecution’s case and build a compelling defense. This level of scrutiny is essential for achieving a favorable outcome in your case.

Reach Out to a Lawyer Today

If you’re facing a DUI charge in Florida, Archer Law is here to help. Our criminal defense lawyer will evaluate every aspect of your case, including field sobriety tests, to build a strong defense. We serve clients throughout Clermont, Florida, as well as Polk County, Lake County, Sumter County, and Seminole County. Call today.