Florida law enforcement officers regularly use field sobriety tests when they suspect impaired driving. Police say these standardized tests help officers evaluate a motorist’s balance, coordination, and ability to follow instructions during a traffic stop.
You might encounter these tests during late-night checkpoints or after being pulled over for erratic driving. Understanding how these tests work, their accuracy rates, and your rights can help you make informed decisions if an officer asks you to perform them.
The three standard field sobriety tests
Prosecutors rely on field sobriety tests and chemical testing when they suspect someone of impaired driving. Field sobriety tests focus on your physical and mental abilities. Here are the main tests officers use:
- One-leg stand: You must raise one foot about six inches off the ground and count out loud for 30 seconds while keeping your balance.
- Horizontal gaze nystagmus: The officer moves an object like a pen from side to side, watching your eye movements for involuntary jerking.
- Walk-and-turn: Police instruct you to take nine heel-to-toe steps in a straight line, turn around, and walk back while counting steps aloud.
Officers may also request a Romberg balance test, in which you tilt your head back, close your eyes, and estimate when 30 seconds have passed.
Are these tests accurate?
The National Highway Traffic Safety Administration claims that field sobriety tests identify alcohol impairment with 65% to 77% accuracy when properly administered. However, many factors can lead to bogus results.
Medical conditions, injuries, certain medications, age, anxiety, weather conditions, and uneven testing surfaces can all affect your performance. Even completely sober people sometimes fail these tests.
Can you refuse to take them?
You can decline field sobriety tests in Florida without direct legal penalties. However, officers may arrest you based on other signs of impairment. Prosecutors also typically use a refusal against you in court. However, the voluntary aspect of these tests differs from chemical tests like a breathalyzer, where a refusal triggers automatic license suspension under Florida's implied consent laws.
If police charge you with impaired driving, it’s advisable to contact a DUI defense attorney immediately and exercise your right to silence until counsel is present. A skilled lawyer can review your situation, challenge questionable test results, and work to minimize potential consequences. Experienced legal guidance helps ensure fair treatment and protects your rights.