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Florida DUI Expert Witnesses
Most DUI cases involve scientific testing of some kind. When you perform field sobriety exercises, a breath, blood, or urine test, there are scientific principles at work. Although Florida law does not allow field sobriety exercises to be considered scientific, many states do allow these tests to be called scientifically proven or validated.
Is Field Sobriety Testing Reliable?
Most DUI arrests involve the officer asking or telling the driver to perform roadside tests to help them determine the driver’s impairment. In Florida these are called Field Sobriety Exercises (FSEs). Throughout most of the rest of the country they are referred to as Standardized Field Sobriety Tests (SFSTs). In many states experts battle about the scientific reliability of these roadside agility maneuvers, however in Florida, our courts have determined that these roadside tricks do not have scientific value. The state may not refer to them as “tests,” and testimony cannot be elicited regarding whether the driver “passed or failed” these exercises. However, at times an expert on the performance of these exercises may be used.
Drug Recognition Experts (DREs)
This is especially true when one of the investigating officers is a “Drug Recognition Expert (DRE).” DREs are given more latitude when testifying about the field exercises, especially the Horizontal Gaze Nystagmus (HGN) exercise. Although most police officers cannot testify about the tracking of a subject’s eyes during the HGN, DREs can. Often judges will even allow DREs to testify to a blood alcohol level based on the DREs interpretation of HGN test data.
The expert DUI attorneys at Katz & Phillips, P.A. have all had training in combating DRE testimony. In truth, out of the thousands of DUI cases David Katz has handled, he has only seen the HGN exercise performed correctly, according to the officer’s training on 2 occasions. Common areas in which the officers make errors when performing the HGN exercise are:
- Holding the stimulus (usually a pen or light) too high. It is supposed to be slightly above the driver’s eye level.
- Holding the stimulus to close or to far from the driver’s face. It is supposed to be 12-15 inches away.
- Moving the stimulus to rapidly across the driver’s field of vision. This is supposed to take 4 seconds from one side to the other, however, most officers take 2 seconds or less. Moving the stimulus to quickly can cause nystagmus invalidating the test.
- Not properly estimating a 45-degree angle for angle of onset.
- Holding the stimulus too long at maximum deviation.
These are just the most common errors observed. The point is that when a scientific test is performed any deviation from the standardized instructions invalidates the test. The Expert DUI attorneys at Katz & Phillips, P.A. know how the tests are required to be administered correctly and do not need an expert witness to review the roadside videos to see what was done wrong. However, if the errors affect the outcome of the tests, we have several Field Sobriety Exercise Experts that we have worked with, available to testify and help in your case if needed.
In fact, each of the field sobriety exercises has a set of instructions which the officers are trained to follow. When they do not follow them, our attorneys instantly know. We also know how to use these errors to your advantage. The standard battery of field sobriety exercises includes the HGN (discussed previously), the Walk & Turn (W&T) and the One Leg Stand (OLS). Additionally, there are other frequently used exercises including the Rhomberg Alphabet (also called the Rhomberg with recitation), the Rhomberg Balance, the Finger to Nose, and the finger touch. Additionally, the Coast Guard has a battery of at sea or on the water tests they use in Boating under the Influence cases.
Breath Testing
In Florida there is currently only one approved breath test machine. It is called the Intoxilyzer 8000 and is manufactured by CMI, Inc. out of Kentucky. The Intoxilyzer 8000 uses infrared light waves at specific wavelengths to determine the alcohol content of your breath. This law firm has been involved in many complex legal battles involving the Intoxilyzer 8000 which has resulted in the suppression of tens of thousands of breath tests in Orange, Seminole, and Lake Counties Florida. We may be able to keep the breath test results out of evidence in your case too. Contact the Expert DUI attorneys at Katz & Phillips, P.A. today to discuss your breath test results.
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
