Field Sobriety Testing
Field Sobriety Tests In Florida Protecting Your Rights After An Arrest
DUI is a serious criminal charge that can result in jail time, fines and license suspensions. If you have been arrested for drunk driving, make sure you take your charges seriously. Even if you believe you have been wrongfully charged, you will need to build a strong defense.
The way an officer determines if a driver is drunk is often done through field sobriety tests. There are various standardized tests that are given, including both physical and cognitive performance tests. They can be videoed by an arresting officer and used as evidence in court. If these tests are given incorrectly or your rights were violated in any way during the process, you may be able to have your charges thrown out.
What Are The DUI Field Sobriety Tests?
There are a series of tests that an officer can give a person when they have reasonable suspicions of DUI. In order to arrest an individual for drunk driving, they must use these tests to gain probable cause.
There Are Numerous Tests That Are Used, Such As:
- Horizontal Gaze Nystagmus (HGN)
- Finger-to-Nose Test
- Counting Test
- One Leg Stand
- Romberg Alphabet Test
While some of these tests are purely cognitive, others require physical actions, such as the “one-leg stand” or “walk-and-turn” test. If a person has a physical handicap or injury that restricts them from performing these types of tests properly, they may also be able to have the evidence thrown out.
Building A Strong Defense
When an officer asks an individual to perform field sobriety tests, they must have reasonable cause to do so. They may do this if an individual was in a car accident, drove through a DUI checkpoint, was driving erratically, or performed any other type of traffic offense. Once they have stopped the driver, if they have a suspicion of alcohol being in their blood, they may ask them to perform the tests. However, these suspicions do not give an officer permission to arrest you or charge you with DUI.
Broward County DUI Attorney
If you feel like an officer did not have probable cause to pull you over or to request that you perform field sobriety tests, be sure to contact our firm. Our Fort Lauderdale DUI defense lawyers know how to build a strong defense around any type of charge. We can carefully review the arrest report, any recording of the field sobriety tests, and question the officer’s testimony and reasons for arresting you.