Florida doesn’t require you to take a field sobriety test if suspected of driving under the influence (DUI). You have the right to decline. However, refusing to participate can lead to other consequences, such as raising the officer's suspicion about your sobriety. Police may still arrest you if they believe they have probable cause, such as breathalyzer results showing a blood alcohol content of .08% or higher.
Types of field sobriety tests
If you agree to field sobriety testing, police use three main types. These unscientific methods include:
- Horizontal gaze nystagmus (HGN): An officer asks you to follow an object, like a pen or flashlight. They watch for involuntary jerking movements in your eyes, indicating impairment.
- Walk-and-turn: This test involves walking heel-to-toe in a straight line for nine steps. After turning on one foot, you walk back in the same manner. Officers observe your ability to maintain balance and follow directions.
- One-leg stand: The officer asks you to count out loud while standing on one leg. They look for signs of imbalance, such as swaying, using your arms for balance or putting your foot down.
These tests allegedly provide officers with preliminary indicators of impairment. They are not foolproof, and you have the right to refuse them. Factors like medications or medical conditions can affect the results.
Will I lose my license if I refuse?
Refusing a field sobriety test does not automatically result in losing your license. However, Florida’s “implied consent” law requires you to submit to chemical tests, such as breath, blood or urine tests, if an officer suspects DUI.
Refusing chemical tests can result in an automatic license suspension. For a first refusal, you could lose your license for one year. For subsequent refusals, an 18-month suspension can happen, with additional penalties possible.
Having a DUI defense lawyer is essential if suspected of drinking and driving in Florida. A knowledgeable attorney can help you understand your rights, navigate the legal process and build a robust defense. Being informed and prepared can significantly impact the outcome of your case.