DUI Sobriety Tests Attorney in West Palm Beach, FL Challenging Field Sobriety Test Results in Palm Beach County, Broward County, Martin County, and Throughout South Florida
Many people have an image of field sobriety testing from popular media – a police officer stops a driver at the side of the road and asks them to perform various physical and mental tasks. However, numerous misconceptions surround field sobriety testing, including whether drivers must submit to tests and the effect they can have on a DUI case. When you’ve been arrested for DUI following field sobriety tests, you may have legal options to fight your charges and avoid the serious consequences of a conviction. Contact BD Law for an initial case evaluation with an experienced West Palm Beach field sobriety tests lawyer to seek help from an experienced advocate who can defend your rights, reputation, and future. Attorney Brandon Dinetz leverages his extensive experience with Florida’s DUI and criminal laws, developed from his background as a former prosecutor, to craft tailored case strategies designed to fight the state’s case, including by challenging the reliability and admissibility of field sobriety tests results.
What Are Field Sobriety Tests?
Field sobriety tests refer to physical activities that a police officer may have a driver perform during a traffic stop initiated on suspicion of intoxicated driving to help the officer evaluate whether a driver suffers from alcohol or drug intoxication. These activities test a person’s ability to perform the physical and mental multitasking necessary to drive a vehicle. Three of the most common types of field sobriety tests administered by law enforcement agencies during DUI traffic stops include:
- The horizontal gaze nystagmus, which requires a subject to follow an object with their eyes so the officer can observe eye movement reaction
- The walk-and-turn test, which measures a subject’s ability to remember and follow directions involving simultaneous physical and mental activities
- The one-leg-stand test, which evaluates a subject’s ability to maintain balance while dividing their attention
Police officers may also employ other field sobriety tests, such as the finger-to-nose test, reciting the alphabet, counting backward, the Romberg test (measures a subject’s swaying), or portable breath tests.
How Field Sobriety Tests Affect DUI Cases
Officers use field sobriety tests to support probable cause to arrest a driver for DUI. The tests include clues in a driver’s performance that officers look for; demonstrating multiple clues can raise an officer’s suspicion of a driver’s intoxication. As a result, when a driver performs poorly on field sobriety tests or cannot complete the tests, an officer may use the driver’s performance to justify arresting them for DUI.
A driver’s performance on field sobriety tests can also lead to a DUI conviction, especially in cases that do not have chemical test results proving a driver’s intoxication or alcohol level. Officers may testify regarding a driver’s poor performance in field sobriety tests, which the prosecution can present as evidence that a driver’s intoxication rendered them incapable of driving safely.
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Defending DUI Charges After Taking Field Sobriety Tests
Even if you agreed to field sobriety tests during a DUI stop, you may have defense arguments to challenge the state’s case against you. Many defenses involving DUI field sobriety tests focus on challenging the reliability of the tests. Critics of field sobriety tests argue that the tests become unreliable when administered to people with physical disabilities or underlying medical conditions that may affect balance or coordination. Critics also note that people who do not speak English as a first language may have trouble performing field sobriety tests administered by an officer who does not speak the driver’s preferred language. Environmental factors such as uneven ground or wet surfaces can affect performance on field sobriety tests. Portable breath test results may also suffer from using a poorly designed/manufactured or uncalibrated portable breathalyzer. Finally, testing can suffer from issues when an officer lacks training in administering field sobriety tests or fails to follow testing protocols designed to enhance the reliability of the test. Defendants may also argue that an officer’s evaluation of a driver’s performance was biased by the fact that the officer already suspected the driver of intoxicated driving, especially when an officer does not have dashcam or bodycam footage to document the tests.
Contact a West Palm Beach Field Sobriety Tests Lawyer to Understand Your Rights and Options
After a DUI arrest involving field sobriety testing, an experienced DUI sobriety tests attorney in West Palm Beach, FL, can help you understand the consequences of testing on your case and your legal options moving forward. Contact BD Law today for a confidential consultation to get experienced legal representation to protect your rights and interests during prosecution for DUI.