Field Sobriety Tests: Separating Fact from Fiction

September 4, 2024

Field sobriety tests (FSTs) play a central role in DUI cases in Florida. Law enforcement officers use these tests to determine whether a driver is under the influence of alcohol or drugs, relying on them as one of the key methods for establishing probable cause for an arrest. However, while field sobriety tests are commonly portrayed as foolproof tools for detecting impairment, the reality is far more complex. There are many misconceptions surrounding how reliable these tests are and how they are applied in DUI investigations.

In this article, we will explore the facts and myths of field sobriety tests, discuss the relevant Florida DUI laws and statutes, and examine how an experienced DUI defense attorney can challenge the results of these tests in court.

Florida DUI Laws and the Use of Field Sobriety Tests

Florida's DUI laws are outlined in Florida Statutes § 316.193, which governs the offense of driving under the influence. According to the statute, a person is guilty of DUI if they are driving or in actual physical control of a vehicle while:

Their normal faculties are impaired by alcohol, chemical substances, or controlled substances.
They have a blood alcohol concentration (BAC) of 0.08% or higher.

Field sobriety tests are often the first step in determining whether a driver is impaired. If an officer suspects that a driver is under the influence, they may administer field sobriety tests at the scene to gather evidence before proceeding with a chemical test, such as a breathalyzer.

However, Florida Statutes § 316.193 does not require field sobriety tests as a mandatory part of a DUI arrest. They are discretionary tools used by law enforcement, and their results are often subjective. Officers are trained to look for specific signs of impairment during these tests, such as lack of coordination, slurred speech, or difficulty following instructions. But just how reliable are these tests in establishing impairment, and can they be trusted to provide an accurate assessment?

The Myth of Accuracy: Are Field Sobriety Tests Reliable?

One of the most pervasive myths about field sobriety tests is that they are highly accurate indicators of impairment. However, this is not always the case. Field sobriety tests were developed to detect physical and cognitive signs of impairment, but they are not foolproof. Numerous factors can affect a person’s performance, even if they are completely sober.

Fact: Field Sobriety Tests Are Subjective

Field sobriety tests are not based on hard science. They rely on an officer’s judgment and interpretation of a driver’s actions. This makes them inherently subjective. Officers are trained to observe specific behaviors and make conclusions based on those observations, but these conclusions can vary depending on the officer’s experience, bias, and the conditions under which the tests are administered.

For example, an officer may perceive a driver’s slight stumble during a test as a sign of impairment, but that stumble could be due to nervousness, fatigue, or an uneven surface rather than alcohol or drug use. The subjectivity of these tests raises concerns about their accuracy and reliability as evidence in court.

Fiction: Field Sobriety Tests Always Detect Impairment

Contrary to popular belief, field sobriety tests are not always effective in detecting impairment. Studies have shown that even sober individuals can fail these tests due to various factors, including anxiety, medical conditions, and environmental conditions. A driver with an inner ear infection or a balance disorder may struggle with the one-leg stand test, and an individual with poor coordination may find it difficult to walk heel-to-toe in a straight line.

The horizontal gaze nystagmus (HGN) test, which measures the involuntary jerking of the eyes, is also not foolproof. While nystagmus can indicate impairment, it can also be caused by other factors such as fatigue or neurological conditions.

Given these limitations, field sobriety tests should not be seen as definitive proof of impairment. Instead, they should be viewed as one piece of evidence that must be weighed alongside other factors, such as chemical test results and witness testimony.

Challenging Field Sobriety Tests in Florida DUI Cases

Because field sobriety tests are subjective and prone to error, they can be challenged in court by an experienced DUI defense attorney. There are several strategies that can be used to question the validity of field sobriety test results, and doing so can significantly weaken the prosecution's case.

Questioning the Officer's Training and Experience

One of the first ways to challenge field sobriety tests is by examining the officer’s training and experience. Officers in Florida are trained to administer these tests according to guidelines established by the National Highway Traffic Safety Administration (NHTSA). However, not all officers are equally trained, and some may not follow the proper protocols.

An attorney can investigate whether the officer who administered the tests was adequately trained and whether they followed NHTSA guidelines. Any deviation from the proper procedures can cast doubt on the reliability of the test results.

Environmental Factors Affecting the Tests

The conditions under which the field sobriety tests were conducted can also impact the results. Environmental factors such as poor lighting, uneven pavement, weather conditions (e.g., rain or wind), and heavy traffic can make it difficult for a driver to perform the tests accurately, even if they are sober.

An experienced attorney can argue that these external conditions compromised the fairness and accuracy of the tests. For example, if the tests were conducted on a sloped surface or in the dark, the defense could argue that the results are unreliable and should be disregarded by the court.

Medical and Physical Conditions

Many individuals have medical or physical conditions that can affect their performance on field sobriety tests. Conditions such as arthritis, vertigo, or knee injuries can make it difficult for a person to balance or walk in a straight line. Additionally, some medications can cause drowsiness or dizziness, which may be mistaken for impairment.

A DUI defense attorney can present medical records or expert testimony to demonstrate that the driver’s performance was impacted by a legitimate medical condition rather than alcohol or drugs. This defense can be especially effective if the individual has a documented history of the condition.

Field Sobriety Tests and the DUI Defense Process in Florida

In Florida, DUI cases follow a structured legal process that begins with an arrest and proceeds through several stages, including arraignment, pre-trial motions, and trial. At each stage, the defense has the opportunity to challenge the evidence presented by the prosecution, including field sobriety test results.

The pre-trial stage is a critical time for challenging field sobriety tests. An experienced DUI defense attorney will file motions to suppress the evidence if there is reason to believe that the tests were conducted improperly or that the results are unreliable. If the court grants these motions, the test results may be excluded from the trial, making it more difficult for the prosecution to prove impairment.

Florida DUI Defense FAQs

1. Can I refuse to take a field sobriety test in Florida?

Yes, you can refuse to take a field sobriety test in Florida. Unlike chemical tests (such as breath, blood, or urine tests), there is no legal penalty for refusing a field sobriety test. However, your refusal may still be used against you in court as evidence of impairment.

2. What happens if I fail a field sobriety test in Florida?

Failing a field sobriety test does not automatically mean you will be convicted of DUI. These tests are subjective, and there are several ways to challenge the results in court. An experienced DUI defense attorney can argue that external factors, such as medical conditions or environmental conditions, affected your performance.

3. Are field sobriety tests required to arrest someone for DUI in Florida?

No, field sobriety tests are not required for a DUI arrest in Florida. Officers can make an arrest based on other factors, such as erratic driving, slurred speech, or the odor of alcohol. However, field sobriety tests are often used to build evidence of impairment.

4. Can a medical condition affect my performance on a field sobriety test?

Yes, many medical conditions can affect your ability to perform well on field sobriety tests. Conditions such as arthritis, vertigo, or balance disorders can make it difficult to pass these tests, even if you are not impaired. A DUI defense attorney can use medical evidence to challenge the validity of the test results.

5. Can field sobriety tests be thrown out of court in a Florida DUI case?

Yes, field sobriety test results can be challenged and potentially thrown out of court if there is evidence that the tests were administered improperly or that external factors affected the results. An experienced DUI defense attorney will file motions to suppress the evidence if there are grounds to do so.

6. What are the most common field sobriety tests used in Florida?

The three most common field sobriety tests used in Florida are the horizontal gaze nystagmus (HGN) test, the walk-and-turn (WAT) test, and the one-leg stand (OLS) test. These tests are standardized by the National Highway Traffic Safety Administration (NHTSA) and are used to assess a driver’s coordination and balance.

7. Can video evidence help challenge field sobriety tests in a DUI case?

Yes, video evidence from police body cameras or dashboard cameras can be valuable in challenging field sobriety test results. The footage can provide an objective record of how the tests were conducted and can be used to highlight inconsistencies or external factors that affected the driver’s performance.

8. How do officers decide whether to administer a field sobriety test?

Officers typically administer field sobriety tests if they suspect that a driver is impaired based on their observations during the traffic stop. Signs such as erratic driving, slurred speech, or the odor of alcohol may prompt an officer to conduct field sobriety tests to gather further evidence.

Field Sobriety Tests: Separating Fact from Fiction

Florida DUI Laws and the Use of Field Sobriety Tests

Their normal faculties are impaired by alcohol, chemical substances, or controlled substances.
They have a blood alcohol concentration (BAC) of 0.08% or higher.