If you’ve ever seen a driver walking heel-to-toe along the shoulder of a road at night, you’ve watched a field sobriety test in action. These roadside exercises are a routine part of DUI stops across the state, but many Florida drivers don’t realize how subjective these tests really are, or that you have a legal right to decline them.
Understanding both issues can make a real difference if you’re ever stopped by police. Having an experienced defense attorney who knows Florida’s legal system is key to negotiating charges against first-time offenders and mounting a vigorous defense.
What Are Field Sobriety Tests?
Florida law enforcement officers are trained to use a three-test battery to determine whether a driver is intoxicated:
- Horizontal gaze nystagmus is a test that tracks involuntary eye jerk as an officer moves a pen or light across the driver’s field of vision.
- Walk and turn is a test that requires nine heel-to-toe steps along a line, then a turn, and nine steps back.
- One leg stand requires the driver to balance on one foot while counting aloud.
Additional nonstandard tests include asking the driver to recite the alphabet or touch a finger to their nose. These are administered at the discretion of the police officer.
Are Field Sobriety Tests Accurate?
The National Highway Traffic Safety Administration (NHTSA) maintains that its three-test battery can help officers identify drivers with blood alcohol concentrations above the legal limit of 0.08 percent with a combined accuracy of 91 percent. However, defense attorneys and legal scholars raise serious questions about the accuracy of the results, saying the tests haven’t been validated through the peer review process. The tests also may not accurately identify drivers impaired by drug use, critics say.
Criminal defense attorneys claim that sober drivers fail these tests frequently. Fatigue, poor lighting, inner ear problems, or age-related balance issues can cause a sober driver to appear impaired. Additionally, the officer administering the test also decides the subject’s score, often confirming a foregone conclusion about their sobriety.
Can You Legally Refuse a Field Sobriety Test in Florida?
Yes. Under Florida law, field sobriety tests are voluntary. The state’s implied consent statute requires drivers to submit to a breath, blood, or urine test after a lawful DUI arrest, but that statute does not extend to roadside coordination exercises. That means an officer cannot force a driver to perform the roadside test and cannot penalize a driver directly for refusing.
That distinction matters because the consequences of refusal are very different depending on the type of test involved. Take note:
- Refusing a field sobriety test carries no automatic license suspension
- Refusing a post-arrest chemical test triggers an automatic suspension of your driver’s license. The suspension is one year for a first refusal and 18 months for a subsequent refusal. And, a second refusal can be charged as a criminal misdemeanor.
You may still be arrested despite refusing a field sobriety test. If an officer suspects impairment based on your driving, an odor of alcohol, or slurred speech, they can still pursue DUI. But refusing a field sobriety test can limit the amount of potentially unreliable evidence available to law enforcement during a trial.
How Florida Drivers Can Respond
If you’re stopped on suspicion of DUI in Florida, you’re required to provide your license, registration, and proof of insurance, but you are not required to answer questions or perform roadside tests. You can request to speak to an attorney before answering any questions or submitting to any testing. Because the specifics of your case can turn on details such as whether an officer had probable cause to stop you in the first place, having a criminal defense attorney like Brian M. Casey can be critical. An experienced Florida DUI defense attorney can review the circumstances of your arrest, challenge how the tests were administered, and help protect your driving privileges and your record. Call for a consultation.