Detecting drivers who are under the influence of drugs is a crucial task for law enforcement to ensure road safety. Officers use a combination of observation, field sobriety tests, and chemical testing to determine if a driver is impaired. This article will explore the methods used by law enforcement to detect high drivers, the signs and symptoms officers look for, and how a DUI attorney can challenge field sobriety tests in Florida.
Observational Techniques
Law enforcement officers rely heavily on their training and experience to observe and identify signs of drug impairment in drivers. These observations often begin with the initial traffic stop and continue through the interaction with the driver.
Erratic Driving Behavior
Officers are trained to notice erratic driving behaviors that may indicate impairment. These behaviors include:
- Swerving or weaving: Inability to maintain a steady lane position.
- Sudden stops or starts: Jerky or abrupt movements.
- Slow or inconsistent speeds: Driving significantly below the speed limit or varying speeds without reason.
- Ignoring traffic signals: Failing to stop at red lights or stop signs.
Physical Signs of Impairment
During the interaction with the driver, officers look for physical signs that suggest drug use. These signs include:
- Bloodshot or watery eyes: Common with marijuana and certain other drugs.
- Dilated or constricted pupils: Indicative of stimulant or opioid use.
- Flushed face: Can be a sign of various types of intoxication.
- Tremors or shaking: Often seen with stimulant use.
- Unusual odors: Smells associated with drugs, such as marijuana.
Behavior and Speech
An officer will also assess the driver’s behavior and speech patterns. Indicators of drug impairment include:
- Slurred or slow speech: Difficulty forming coherent sentences.
- Confusion or disorientation: Trouble understanding questions or following instructions.
- Paranoia or agitation: Excessive nervousness or aggression.
Field Sobriety Tests
Field sobriety tests (FSTs) are a series of physical and cognitive tasks designed to assess a driver’s level of impairment. These tests are a critical tool for law enforcement in DUI cases.
Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has standardized three primary field sobriety tests:
1. Horizontal Gaze Nystagmus (HGN): This test involves the driver following a moving object, such as a pen or flashlight, with their eyes. The officer looks for involuntary jerking of the eyes, which can indicate impairment.
2. Walk-and-Turn (WAT): The driver is instructed to walk a straight line, heel-to-toe, for nine steps, turn around, and return in the same manner. The officer observes balance, coordination, and the ability to follow instructions.
3. One-Leg Stand (OLS): The driver must stand on one leg while counting aloud. The officer watches for signs of imbalance, such as swaying or using arms for balance.
Chemical Testing
If the officer suspects drug impairment after observing the driver and administering FSTs, they may proceed with chemical testing to confirm the presence of drugs in the driver’s system.
Breath Tests
Breath tests are commonly used to measure alcohol levels but are ineffective for detecting most drugs. However, breath tests can still be administered to rule out alcohol impairment.
Blood Tests
Blood tests are more effective for detecting drug use. They can identify the presence and concentration of various drugs, including marijuana, cocaine, opioids, and prescription medications.
Urine Tests
Urine tests are also used to detect drug use, but they are less reliable than blood tests. They can show the presence of drugs but not necessarily the level of impairment at the time of driving.
How a DUI Attorney Challenges Field Sobriety Tests
A skilled DUI attorney can challenge the reliability and validity of field sobriety tests in several ways, potentially weakening the prosecution's case against the driver.
Questioning the Test Conditions
An attorney will examine the conditions under which the FSTs were administered. Factors such as poor lighting, uneven surfaces, or adverse weather can affect the accuracy of the tests. Demonstrating that the test conditions were less than ideal can cast doubt on the results.
Highlighting Physical or Medical Conditions
Many physical or medical conditions can affect a person’s performance on field sobriety tests. An attorney can present evidence of such conditions, arguing that the driver’s poor performance was due to factors unrelated to drug impairment.
Scrutinizing Officer Training and Administration
The effectiveness of field sobriety tests depends on the officer’s training and adherence to standardized procedures. An attorney can investigate whether the officer followed proper protocols and was adequately trained. Any deviations or errors in administration can be used to challenge the test results.
Demonstrating Nervousness and Anxiety
Being stopped by law enforcement can be a stressful experience, causing nervousness and anxiety that can affect performance on FSTs. An attorney can argue that the driver’s nervousness contributed to their inability to perform the tests accurately.
Questioning the Subjectivity of the Tests
Field sobriety tests rely on the subjective judgment of the officer administering them. An attorney can highlight this subjectivity, pointing out inconsistencies or biases in the officer’s observations and conclusions.
The Impact of Drug Recognition Experts (DREs)
In some cases, law enforcement may employ Drug Recognition Experts (DREs) to assess drug impairment. DREs are specially trained officers who use a systematic 12-step evaluation process to determine whether a driver is impaired by drugs. While their expertise can be persuasive, their conclusions are still subject to scrutiny and challenge by a skilled DUI attorney.
The Role of Expert Witnesses
Expert witnesses can be crucial in challenging field sobriety tests and chemical testing results. Medical professionals, toxicologists, and former law enforcement officers can provide testimony that questions the reliability of the tests and the procedures followed by the arresting officers. Their insights can help the defense build a compelling case against the DUI charges.
Importance of Video Evidence
Video evidence, such as footage from police body cameras or dashboard cameras, can be invaluable in challenging field sobriety tests. This footage can provide an objective record of the test conditions, the officer’s instructions, and the driver’s performance. An attorney can use this evidence to highlight discrepancies between the officer’s report and what actually occurred.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing DUI charges in Florida and are concerned about the reliability of field sobriety tests and other methods used by law enforcement to detect drug impairment, it is essential to seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.
Understanding how law enforcement detects drug impairment and the potential flaws in their methods can help you better prepare to defend your case and achieve the most favorable outcome possible.