Challenging Field Sobriety Test Errors in Florida DUI Defense

Field sobriety tests (FSTs) are a common tool used by law enforcement officers during DUI stops to assess a driver's level of impairment. However, these tests are not infallible, and when law enforcement officers fail to follow proper procedures during their administration, the results can be misleading or inaccurate. In DUI defense cases, identifying and challenging these procedural errors can significantly affect the outcome of the case. This article explores the importance of proper procedure in field sobriety tests and how a DUI attorney can challenge errors that arise during their administration in Florida.

The Role of Field Sobriety Tests in DUI Investigations

Field sobriety tests are designed to assess a driver’s motor skills, coordination, and cognitive abilities. These tests are typically administered roadside after a law enforcement officer pulls over a driver suspected of being under the influence of alcohol or drugs. The results of these tests help officers determine whether there is probable cause to arrest the driver for DUI.

The three most commonly used field sobriety tests, standardized by the National Highway Traffic Safety Administration (NHTSA), are the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS). While these tests are intended to be objective measures of impairment, their accuracy depends on proper administration and interpretation by the officer conducting them.

Common Field Sobriety Tests Used in Florida DUI Cases

Horizontal Gaze Nystagmus (HGN)
The HGN test involves the driver following a moving object with their eyes while the officer observes the movement of the eyes. The officer looks for involuntary jerking of the eyes, which can indicate impairment. However, the accuracy of this test relies heavily on the officer’s ability to follow the standardized guidelines.

Walk-and-Turn (WAT)

The Walk-and-Turn test requires the driver to walk heel-to-toe along a straight line, turn, and return in the same manner. The officer observes balance, coordination, and the driver’s ability to follow instructions. Even minor deviations from the standardized procedure can lead to inaccurate results.

One-Leg Stand (OLS)

The One-Leg Stand test requires the driver to stand on one leg while counting aloud for a specific period. The officer observes the driver’s balance and coordination. External factors, such as uneven terrain, can influence the results if the test is not conducted correctly.

The Importance of Following Proper Procedure in Field Sobriety Tests

Field sobriety tests are only as reliable as the procedures used to administer them. NHTSA has established strict guidelines that officers must follow when conducting these tests to ensure their accuracy and fairness. These guidelines include:

1.    Providing Clear Instructions: The officer must give clear and concise instructions to the driver before beginning each test. Any confusion or misunderstanding on the part of the driver can affect their performance.
2.    Ensuring Safe and Suitable Testing Conditions: The environment in which the test is conducted plays a critical role in the driver’s ability to perform. Officers should ensure that the testing area is well-lit, free of obstructions, and has a flat, even surface.
3.    Maintaining Consistency in Administration: The officer must follow the standardized procedures consistently for each test. Any deviation from the NHTSA guidelines can compromise the validity of the results.
4.    Making Objective Observations: The officer’s observations during the test must be based on objective criteria, rather than subjective interpretations. Officers should be trained to recognize the specific signs of impairment outlined by the NHTSA.

When officers fail to adhere to these guidelines, the results of the field sobriety tests become unreliable, opening the door for challenges by the defense.

How a DUI Attorney Challenges Field Sobriety Test Errors

An experienced DUI attorney will carefully examine the administration of field sobriety tests to identify any procedural errors that could invalidate the results. Here are several ways an attorney can challenge field sobriety test errors:

Examining the Testing Environment

A skilled attorney will investigate the environment where the tests were conducted. If the officer conducted the tests in poor lighting, on uneven terrain, or under adverse weather conditions, the attorney can argue that these factors negatively affected the driver’s performance and the reliability of the test results.

Questioning the Officer’s Training and Experience

The accuracy of field sobriety tests is directly tied to the officer’s training and experience. If the officer lacked proper training in administering field sobriety tests or failed to follow standardized procedures, the attorney can challenge the validity of the test results. Additionally, any inconsistencies in the officer’s testimony or report can be used to cast doubt on the accuracy of their observations.

Highlighting Physical or Medical Conditions

Many drivers have physical or medical conditions that can impair their ability to perform field sobriety tests, even when they are sober. Conditions such as injuries, neurological disorders, balance problems, or inner ear issues can lead to poor performance on these tests. A DUI attorney will gather medical evidence to demonstrate that the driver’s physical condition, rather than impairment, was responsible for their poor performance.

Challenging Subjective Observations

Field sobriety tests rely heavily on the officer’s subjective interpretation of the driver’s performance. An experienced attorney can challenge these observations by pointing out inconsistencies in the officer’s report or testimony. Additionally, the attorney can argue that the officer’s judgment was influenced by preconceived notions or bias, which may have affected the outcome of the test.

Reviewing Video Evidence

Many DUI stops are recorded using dash cameras or body cameras worn by officers. These recordings provide valuable evidence of how the field sobriety tests were conducted. A DUI attorney will carefully review this video footage to identify any deviations from proper procedure or environmental factors that may have impacted the driver’s performance. The video can also be used to highlight any inconsistencies between the officer’s report and the actual events.

Why Proper Field Sobriety Test Procedure Matters

The outcome of a DUI case often hinges on the results of field sobriety tests. These tests are used to establish probable cause for arrest and can be a critical piece of evidence in court. However, when officers fail to follow proper procedure during the administration of field sobriety tests, the results become unreliable. Challenging the validity of these tests is essential in ensuring that the driver’s rights are protected and that they receive a fair trial.

By questioning the officer’s adherence to standardized procedures, highlighting external factors that affected the test, and presenting evidence of medical conditions or other issues that explain the driver’s performance, a DUI attorney can effectively challenge the field sobriety tests and weaken the prosecution’s case.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you have been charged with a DUI in Florida and believe that field sobriety tests were improperly administered during your traffic stop, it is crucial to consult with an experienced DUI attorney. The team at Musca Law, P.A. has a proven track record of success in handling DUI cases and is dedicated to protecting your rights. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation and expert legal representation. We serve all 67 counties in Florida and are ready to assist you in building a strong defense against your DUI charges.