DUI Defense Lawyer Serving Fort Walton Beach, Crestview, Niceville, Destin, Navarre, Okaloosa and Santa Rosa County, Florida.
Field sobriety tests are used to determine if an officer has probable cause to arrest a person suspected of drunk driving. The test involves asking a suspect to perform different physical tasks to see if he or she exhibits behavior that, in the judgment of the officer, indicates impairment.
Unfortunately, in the field, an officer essentially acts as judge and jury: he conducts the test and judges whether or not there is enough “evidence” to arrest you.
Additionally, field sobriety tests are, in a real sense, designed to ensure failure. Even sober, most people – or a substantial subsection of the population – will have difficulty walking toe-to-toe, Horizontal Gaze Nystagmus, balancing on one leg or touching their nose with the tip of the index finger.
At our firm, we understand how to challenge sobriety tests and the actions and judgments of officers who administer them. As a Fort Walton Beach DUI defense attorney, I have helped countless individuals effectively fight DUI charges. To schedule a free consultation to discuss your drunk driving arrest, I urge you to contact my office as soon as possible.
Conducting the Field Sobriety Test
Police officers receive instruction in how to administer a field sobriety test. There are accepted, standard procedures that must be followed when conducting such a test. If an officer incorrectly administers a sobriety test in the field, the arrest which it is based upon should be overturned and the charges against a suspect dismissed.
In many cases, dashboard camera footage exists which allows our Fort Walton Beach DUI defense lawyer to determine if an officer violated standard procedures in administering a sobriety test.
What Can Go Wrong in a Field Sobriety Test
According to the National Highway Traffic Safety Administration’s “DWI Detection and Standardized Field Sobriety Testing Student Manual,” a clean, dry, level surface must be used to conduct a sobriety test. Additionally, there are numerous instructions for what to do if a suspect puts a foot down, hops on one foot momentarily, or moves his arms up and down 6 or more inches in order to maintain balance. Inner ear problems, back injuries, fatigue, or simple coordination problems are not taken into account.
As a result, experts have questioned the reliability of sobriety tests for determining probable cause. In one study, “Field Sobriety Tests: Are They Designed for Failure?,” by S. Cole & R.H. Nowaczyk in Perceptual and Motor Skills, Vol. 79, 21 people with a blood alcohol level of 0.00 were filmed performing field sobriety tests.
Officers who viewed the tapes believed 46% of the test subjects had had too much to drink. This indicates the degree to which a field sobriety test can be less than reliable.
Effective Legal Representation From a Fort Walton Beach DUI Defense Attorney.
If you’ve been arrested for DUI in Fort Walton Beach, Crestview, Niceville, Destin, Navarre, or anywhere in Okaloosa and Santa Rosa County, I invite you to contact me to discuss your legal options and to find out how I can help you in aggressively fighting the charges. Don’t risk your freedom and future.
