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Can You Refuse a Field Sobriety Test in Florida?
Unlike a breath, blood, or urine test, there is no law in Florida requiring you to perform field sobriety tests at the side of the road if asked to do so by law enforcement. An officer can ask you to perform the exercises if they believe you are driving under the influence of alcohol, but be certain that these exercises are not for your benefit, no matter what they say.
Field Sobriety Tests Given in Orange County, Florida
The agility maneuvers that you will be asked to perform are designed to gather evidence that you are impaired. They are not designed to help you show that you are sober. For instance, studies have shown that the average unimpaired person can hold their foot in the air as required to perform the one-leg stand for approximately 26 seconds without putting their foot down. However, the instructions for the One Leg Stand Exercise require you to keep your foot in the air for 30 seconds. When you put your foot down around the 26-second mark, the officer will count that as a cue, clue, or indicator that you are impaired.
Refusing to Perform Their Monkey Tricks
If an officer asks you to perform the roadside agility maneuvers and you do not agree to do so, they must inform you of negative consequences. Case law in Florida allows your refusal to do the roadside SPTs (Stupid People Tricks) against you in court if you are advised that there are negative consequences to refusing the officer’s request. Typically law enforcement will say something to the effect that your refusal to perform the exercises will go into their decision whether or not to arrest you and that your refusal can be used against you in court.
If you are not advised of negative consequences typically judges will prohibit the use of your refusal to perform the roadside exercises from being mentioned to a jury.
Orange and Seminole County DUI Defense Attorneys
An experienced Orange County or Seminole County field sobriety test attorney knows how to argue to keep your refusal to perform the field sobriety exercises out of evidence against you. Further, even if unsuccessful in keeping the refusal from the jury, there are many ways to neutralize the evidentiary value of a refusal to perform field exercises. Make sure you hire an experienced DUI defense attorney who knows how to keep your refusal from hurting you. Call the board certified* DUI Defense Experts at Katz & Phillips, P.A. today and discuss the particular facts of your case and the defense we can custom-tailor to help you.
Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
