Driving Under the Influence (DUI) charges in Florida carry significant penalties including fines, license suspension, and even jail time. However, there are instances where individuals may face false DUI arrests that raise questions about the accuracy and fairness of the procedures used by law enforcement. It’s crucial to understand the circumstances under which a Florida driver may be wrongfully arrested for DUI, especially in cases involving field sobriety tests.
Stechschulte Nell, Attorneys at Law, believes every Florida driver should know their rights regarding field sobriety tests. The law can be confusing, but being informed can help ensure that you give yourself the best opportunity to defend a false DUI arrest in Florida. Our DUI defense lawyers have extensive experience successfully challenging DUI prosecutions that are unsupported by probable cause or have insufficient evidence to support a conviction. If you are charged with a DUI in the Tampa or St. Pete area, contact our office today to discuss your best defense strategy.
Field Sobriety Tests and Their Development
Field Sobriety Tests (FSTs) are a series of physical and cognitive exercises that police officers use to determine whether a driver is impaired. The most common FSTs include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn (WAT) test, and the One-Leg Stand (OLS) test. These tests were developed in the late 1970s by the National Highway Traffic Safety Administration (NHTSA) to provide standardized methods for assessing impairment.
The HGN test involves following a moving object with your eyes, allowing the officer to note any involuntary eye movements that may indicate intoxication. The test is based on the finding that a person impaired by alcohol will display a side-to-side jerking (nystagmus) of the eyes before their gaze moves 45% horizontally. The higher a person’s blood alcohol content (BAC), the earlier the nystagmus begins.
The WAT test, also called the Heel-to-Toe test, requires a person to walk a number of steps in a straight line while placing their heel against the toe of the other foot, turn, and return. The test includes special instructions on how the person should turn. The test allows the officer to assess balance, coordination, and the ability to understand and follow directions.
The OLS test involves standing on one leg for a specific duration to gauge balance and focus.
These tests were developed after years of research into the effects of alcohol on the human brain and how alcohol is metabolized by the human body. The study revealed which human capacities would be impaired when a person’s blood alcohol content reaches a set level. However, every phase of each test must be executed according to the specified test protocol.
Field Sobriety Tests MUST be Administered Properly
For FSTs to be reliable, they must be administered according to strict protocols established by the NHTSA. Any deviation from these guidelines can compromise the validity of the results. Officers are trained to follow precise instructions to minimize the influence of factors that can interfere with the accuracy of the test, like weather, lighting, shoes, ground surface, and the driver’s physical condition.
The real-life purpose of field sobriety tests is for police to develop enough evidence supporting their belief that the driver is drunk to satisfy the “probable cause to arrest” standard. Without that evidence, DUI prosecution evidence relies primarily on an officer’s observations. These subjective observations are much less effective in securing a conviction.
Like any scientifically developed testing procedure, field sobriety tests must be administered correctly. Police officers who administer the tests improperly increase the likelihood of false results that lead to wrongful arrests. For example, if an officer fails to account for a driver’s medical condition that affects balance or coordination, the test results may erroneously suggest impairment.
Among the many ways a police officer can incorrectly administer the standardized field sobriety tests include the following:
- failing to clearly describe the prescribed instructions about how to perform the test
- failing to demonstrate what the driver needs to do during the test
- failing to inquire about a driver’s physical disabilities or limitations
- failing to check for footwear that can skew the test results (heels of 3 inches or higher)
- administering the test on uneven, unstable road surface
- administering the test without sufficient lighting conditions
- administering the test in heavy wind or rain conditions
- improperly scoring clues
Read More > Challenging Field Sobriety Tests
Limitations of Field Sobriety Tests
Despite their widespread use, FSTs have notable limitations. First, these tests are subjective, relying heavily on the officer’s observations and interpretations. Factors such as nervousness, fatigue, medical conditions, or even the ground surface on which the test is conducted can affect a person’s performance and invite incorrect conclusions by the police.
And these tests are not foolproof indicators of impairment. Studies have shown that even sober individuals can sometimes fail FSTs because of causes unrelated to alcohol or drugs. This fact underscores the importance of corroborating the FST results with other, more reliable evidence, such as a breathalyzer or blood tests.
Florida Drivers Are Not Required to Take Field Sobriety Tests – Implied Consent Law in Florida
Florida’s “implied consent” law (Florida Statutes § 316.1932) states that by operating a motor vehicle, drivers affirmatively agree to submit to chemical tests (breath, blood, or urine) if suspected of DUI. Refusing these tests can result in serious consequences, including license suspension for one year for a first refusal and 18 months for subsequent refusals, with no eligibility for a hardship license during the suspension period.
However, it is important to note that implied consent applies to chemical tests and NOT to FSTs. Drivers can legally refuse to participate in FSTs without facing direct legal penalties. This distinction is crucial because while refusing a chemical test carries mandatory penalties, refusing an FST does not.
Advice for Drivers During a DUI Stop
If you are stopped for suspicion of DUI, remain calm, polite, and courteous to the officer. You have the legal right to decline FSTs, understanding that these tests are primarily used to gather evidence to support probable cause to arrest you. You can clearly state your decision to decline the FSTs while cooperating with the officer in other aspects of the stop. You are also free to decline to answer certain questions, especially any inquiries about whether you have been drinking. Of course, if you have not been drinking or using drugs, you may choose to answer nonincriminating questions.
Understanding your rights can help protect you from wrongful arrests.
If you are facing a DUI charge in Hillsborough or Pinellas County, Florida, contact Stechschulte Nell today.
