Florida Field Sobriety Tests Lawyer

Perhaps while driving along one night, you were pulled over by a police officer on suspicion of DUI and failed one or more field sobriety tests but passed a breath or blood test. Did you know that you may still face DUI charges? In Florida, a driver may face DUI charges for having a blood alcohol concentration of 0.08% or above (as evidenced by a breath or blood test) or for driving “under the influence” of alcohol or a controlled substance (as evidenced by field sobriety tests.)

To be considered as being under the influence, a driver’s normal capabilities would need to be impaired due to the effects of alcohol and/or drugs. One of the preliminary tests to determine this level of impairment is called a field sobriety test.

What is a Field Sobriety Test?

Field Sobriety Tests (FSTs) are crucial tools used by law enforcement officers in Florida to assess a driver’s level of impairment due to alcohol or drugs. Three standardized tests are commonly used: the Walk and Turn, the Horizontal Gaze Nystagmus, and the One Leg Stand. Each test has specific administration procedures and indicators of impairment.

Walk and Turn Test

This test assesses a driver’s ability to complete tasks requiring attention, balance, and coordination. The officer instructs the driver to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. The driver must listen to and follow instructions while performing the task.

The officer looks for signs of impairment, such as inability to balance during instructions, starting before instructions are finished, stopping while walking, not touching heel-to-toe, stepping off the line, using arms to balance, making an improper turn, or taking an incorrect number of steps.

Horizontal Gaze Nystagmus (HGN) Test

The HGN test is designed to observe the involuntary jerking of the eyeball, which can be exaggerated by alcohol consumption.

The officer asks the driver to follow an object, usually a pen or flashlight, with their eyes. As the object moves, the officer watches the driver’s eyes as they follow the moving object.

Indicators of impairment include the inability to smoothly follow the object, distinct nystagmus (jerking) when the eye is at maximum deviation, and the angle at which nystagmus is first noticeable. Typically, an earlier onset of nystagmus indicates higher impairment.

One Leg Stand Test

This test measures balance, coordination, and the ability to follow instructions.

The driver is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (one thousand-one, one thousand-two, etc.) for 30 seconds.

Signs of impairment include swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.

While these tests are designed to gauge impairment, numerous factors unrelated to alcohol or drug use can influence their outcomes. Understanding these tests’ administration and assessment criteria is crucial for anyone facing DUI charges based on Field Sobriety Test results in Florida.