If you are pulled over by a police officer in Florida on suspicion of DUI, you might be asked to perform field sobriety tests. These are standardized tests which can help the officer determine whether you are sober or under the influence of alcohol or any other controlled substance.
What exactly do the police look for in a field sobriety test? How can a Miami criminal defense attorney help you if you fail a sobriety test and are charged with DUI as a result? Let us take a look.
Common Types of Sobriety Tests Administered by The Police in Florida
Horizontal Gaze Nystagmus (HGN)
This test requires you to track the movement of a small object (a pen, penlight, or the officer’s finger) with your eyes while keeping your head steady.
Signs of Impairment The Officer Might Look for in a HGN Test
- Involuntary, uncontrollable jerking of the eyeballs
- Delayed eye movements
- Inability to hold your head steady
Walk And Turn
This test requires you to walk in a straight line, turn around, and walk back in a straight line to the starting point.
Signs of Impairment the Officer Might Look For in a Walk And Turn Test
- Inability to walk in a straight line
- Losing balance while making a turn
- Taking more or less than the required number of steps
- Stopping to regain balance while walking
- Using your arms to balance yourself
One Leg Stand
This test requires you to stand on one foot (with the other foot and both your arms raised) and count until you are asked to stop.
Signs of Impairment the Officer Might Look for in a One Leg Stand Test
- Not being able to stand still on one foot
- Swaying and hopping while standing on one foot
- Using your arms to balance yourself
Why Field Sobriety Tests Are Unreliable
As any Miami criminal defense lawyer can tell you, it is difficult to determine whether a person is sober or drunk based on their performance in a field sobriety test alone.
For instance, tracking an object with your eyes might be difficult for you if your vision is impaired or if you have suffered a stroke or head injuries in the past. Similarly, performing a walk-and-turn test or a one-leg-stand test might be difficult if you are suffering from a balance disorder, if you have a physical injury, or if the road surface is uneven.
This is why any seasoned Miami criminal defense attorney will tell you that you should not perform sobriety tests – despite what the officer tells you. Remember – under Florida law, an officer cannot force you to perform a sobriety test – even if they believe they have probable cause. So, you will not get into trouble for refusing to comply with the officer’s instructions.
Looking for a Miami Criminal Defense Lawyer to Contest Your DUI Charge?
If you are a Florida resident who has been charged with DUI, attorney Chad Piotrowski can defend you and fight for your rights. Having worked as a prosecutor, Piotrowski knows how to dissect the prosecution’s case, raise questions about the validity of the charges against you and the credibility of the evidence they present, and dedicate himself towards achieving the best possible outcome.
Call Piotrowski Law today at 305-783-3436 or complete this online contact form to schedule a free consultation with an experienced Miami criminal defense attorney.