DUI Sobriety Test Refusal Attorney in West Palm Beach, FL Protecting Your Rights When You Refuse a Test in Palm Beach County, Broward County, Martin County, and Throughout South Florida
When you get pulled over by the police on suspicion of drunk or drugged driving (even if the officer does not tell you they suspect you of driving under the influence), the officer may ask you to step out of your vehicle to perform field sobriety tests. However, what happens if you refuse to perform field sobriety tests? Many people assume that the police can require a driver to submit to field sobriety testing. Although Florida law imposes no such requirement, a driver who refuses field sobriety tests may still face a DUI prosecution.
After refusing a field sobriety test, you need seasoned legal counsel who can protect your rights and interests if you face prosecution for DUI. Attorney Brandon Dinetz has extensive experience handling DUI cases on both sides of the courtroom. Having prosecuted and defended drunk/drugged driving cases, he knows what it takes to build a compelling defense argument, including when a driver has refused field sobriety testing before an arrest. Contact BD Law today for an initial case evaluation to discuss your legal options for resolving your DUI charges in South Florida.
Understanding Field Sobriety Tests
Field sobriety tests typically refer to activities that a police officer may have a driver perform during a traffic stop to evaluate the driver’s potential alcohol/drug intoxication. Many field sobriety tests require drivers to multitask between physical and mental activities. The National Highway Traffic Safety Administration has identified three “standard” field sobriety tests, which most law enforcement departments use during DUI stops. These tests include:
- The horizontal gaze nystagmus test: Evaluates a person’s eye movement as their gaze follows a moving object (such as a pen or the officer’s finger)
- The walk-and-turn test: Tests a person’s ability to follow directions, walk in a straight line, and maintain balance
- The one-leg-stand test: Requires a motorist to stand on one leg and remain stationary for up to 30 seconds
Some law enforcement departments may also use other field sobriety tests, such as the finger-to-nose test, counting backward, reciting the alphabet, or portable breathalyzers.
During field sobriety tests, officers look for behavior consistent with alcohol/drug intoxication, such as the inability to remember or follow directions, difficulty maintaining balance, coordination/dexterity issues, or odd eye movements. Police officers use field sobriety tests to confirm suspicions regarding a driver’s intoxication. The driver’s performance in field sobriety tests can also provide evidence for a subsequent DUI prosecution since Florida law prohibits operating a motor vehicle while under the influence of alcohol to the extent that a driver cannot safely operate their vehicle.
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Consequences of Refusing a Field Sobriety Test
Under Florida law, a driver will not face legal consequences for refusing to submit to a field sobriety test during a traffic stop. However, refusing a test may heighten the officer’s suspicions that you may be hiding your intoxication. If the officer observes other indications of alcohol or drug intoxication, they may have sufficient evidence to support probable cause to arrest you for DUI. After an arrest, the officer can also ask you to take a breath, blood, or urine test under the implied consent law.
Defenses Against Field Sobriety Test Evidence
Critics of field sobriety testing argue that it can produce unreliable results for various reasons. For example, environmental factors like uneven or wet ground can affect a person’s performance on field sobriety tests. A person’s medical issues, such as conditions that affect balance or physical injuries/disabilities, can also adversely affect performance. Cognitive or memory issues may also impair a person’s ability to follow the officer’s directions. Finally, the officer’s subjective beliefs or suspicions may also influence their evaluation of a driver’s performance. For these reasons, defendants frequently challenge the reliability of field sobriety test evidence. Furthermore, the prosecution may not use your refusal to submit to field sobriety testing as evidence that you operated a vehicle under the influence of alcohol or drugs.
Contact a West Palm Beach Refusing a Field Sobriety Test Lawyer Today to Understand Your Rights
When you get arrested following a refusal of field sobriety testing, you need experienced legal counsel who can help you present a compelling defense strategy against your DUI charges. Contact BD Law today for a confidential consultation with a DUI sobriety test refusal attorney in West Palm Beach, FL, to discuss your options for pursuing a fair resolution to your case.