Field sobriety testing is a standard procedure used by Florida law enforcement officials to determine if a person is driving under the influence. Field sobriety tests challenge a driver’s physical and mental coordination and ability to follow instructions. Although there are many different tests an officer may ask you to perform, the majority of officers will ask you to perform one or more of the following three tests:
1. Walk & Turn Test: The officer will instruct you to take nine heel-to-toe steps in a straight line, turn, and repeat the same action in the opposite direction. The officer will look to see if you can balance, walk in a straight line, and follow direction.
2. One-Leg Stand Test: The officer will instruct you to stand with feet together, arms by your side. He will then instruct you to raise one foot six inches off the ground while balancing on the other leg and counting out loud. The officer will look to see if you can maintain balance and follow directions.
3. Horizontal Gaze Nystagmus: The officer will hold a small object several inches in front of you and instruct you to follow the object’s line of motion with your eyes. The officer will be looking to see if you can follow the object with your eyes, or if your eyes jerk or tremble. When the eyeball jerks or trembles, it’s an indication of intoxication. However, nystagmus is a medical condition that can plague individuals even when they have not been drinking.
Defense Against Field Sobriety Tests
If you were arrested for DUI after performing one or more field sobriety test, it’s crucial to consult a knowledgeable and resourceful Miami DUI lawyer right away. Field sobriety tests are scientifically unreliable, prone to inaccuracies, and designed for failure. Furthermore, your ability to pass or fail the test is based entirely on the officer’s opinion. This means that if the officer believes you are drunk, he or she can arrest you for DUI even if your BAC is not .08% or higher. In addition, there are many extenuating factors that could cause you to perform poorly on these tests even when you’re intoxicated, such as poor weather conditions, type of footwear, a pre-existing medical or physical condition or disability, illness, fatigue, road conditions, nerves, etc.
Contact Miami DUI Defense Attorney
Miami DUI defense lawyer Bret Lusskin knows the many ways an arresting officer and prosecutor will try to use field sobriety tests against you in court. That’s why he urges clients against performing these tests, as they are not required by law and will give the prosecution more evidence to use against you in court. Mr. Lusskin will investigate your arrest to ensure the officer properly conducted the tests and had legitimate probable cause to arrest you. Once in the court room, Mr. Lusskin will vigorously challenge and attack the prosecution’s case, and do everything possible to convince the judge to side in your favor. Above all, Mr. Lusskin is 100% devoted to protecting your best interests, and helping you overcome your DUI charges.
To schedule a free initial consultation with Miami DUI Attorney Bret Lusskin, please contact the office at (954) 454-5841 or (888) 662-4828. Mr. Lusskin represents clients in Miami-Dade County, Broward County, and Palm Beach County, Florida.