DUI sobriety tests are designed to establish probable cause for stopping you and collect evidence of your intoxication. They provide law enforcement officers with additional probable cause to test your breath, blood, or urine for the presence of alcohol or drugs. However, these tests lack a firm scientific basis linking them to driving impairment. Police officers determine the outcome of these tests, and their judgments can be arbitrary.
Florida uses three standardized field sobriety tests (FSTs) to determine if a driver is under the influence of alcohol:
Walk and turn:
Walk heel-to-toe nine times, turn around, and repeat in the opposite direction.
One-leg stand:
Stand on one foot for 30 seconds while counting from 1,000, then stop.
Horizontal gaze nystagmus:
Follow a pen, flashlight, or the officer's finger with your eyes as they move the object back and forth across your field of vision.
Police officers may also ask you to perform other non-standardized tests, such as reciting the alphabet, counting backward, or touching your finger to your nose.
How accurate are these tests?
Many sober people are unable to perform the FSTs successfully, with reported false positive rates of 23%. The Walk-and-Turn Test is only 68% accurate, while the One-Leg Stand Test is only 65% accurate in healthy subjects. Environmental, physical, psychological, and medical conditions can also influence the results.
Am I required to take these tests?
In Florida, you have implied consent to submit to a chemical breath test if the police order you to. If you refuse a breathalyzer test, the officer may detain you and take you to the police station where you will be asked to take a more accurate non-roadside chemical test.
What happens if I refuse?
Refusing to perform a sobriety test based on suspicion of drunk driving is not against the law, but can lead to a misdemeanor charge, and a license suspension of up to one year if you refuse it for the second time. Refusing a test gives law enforcement officers less opportunity to note indications of impairment. Most lawyers would tell you that taking the test can and probably will work against you.
Unfortunately, most law enforcement officials will not tell you that you have the right to deny the test. You will not be able to contact your DUI lawyer in Lakeland before a FST is administered. It is imperative that you know your rights if you decide to politely decline requests for field sobriety tests.
What happens if I have been arrested?
If you have been arrested for a DUI offense in Florida, it is in your best interest to connect with a proven DUI lawyer in Lakeland. This is true whether or not you participated in a field sobriety test. DUI convictions carry severe penalties to include criminal records, suspended license, fines, and a long list of other long-lasting consequences that will undoubtedly have a profound effect on your life.
At McMann, P.A., we go the extra mile to fight for our clients while ensuring that their rights have not been violated. Do not face the potential consequences of a DUI charge alone, work with a proven and trusted Lakeland DUI attorney.
Mark D. McMann
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