When an officer suspects you of driving under the influence (DUI) in Florida, they may administer tests to determine sobriety. Field sobriety tests (or FSTs) are common tools used to further DUI investigations.
Law enforcement splits field sobriety tests into standard and non-standard categories, and officers rarely use all of them in a single stop. In Florida, law enforcement applies three standardized FSTs that the National Highway Traffic Safety Administration (NHTSA) endorses.
The 3 NHTSA-endorsed FSTs
Under Florida law, it is illegal to drive with a blood or breath alcohol level of 0.08% or higher. Alongside breath and blood tests, an officer can request that you perform roadside tests to determine sobriety. You can expect three specific FSTs to show up during a drunk driving investigation.
Officers may utilize other non-standardized tests to further determine your level of intoxication. Some non-standardized test examples include asking you to count raised fingers, recite the alphabet and more.
The three standardized sobriety tests endorsed by the NHTSA are:
- Walk-and-turn test: An officer will ask you to take nine steps heel-to-toe in a straight line while counting aloud. As you take your ninth step, you must turn on one foot and do the same thing in reverse. The walk-and-turn tests your coordination and ability to follow directions.
- One-leg stand test: You will need to stand on one foot approximately 6 inches above the ground for 30 seconds. Loss of balance can indicate intoxication.
- Horizontal Gaze Nystagmus (HGN) test: The officer will hold a small object in front of you and ask you to follow it smoothly with your eyes. They will observe your eye movement looking for signs of impairment, such as involuntary eye jerking.
These tests are meant to provide a basis for an arrest and further investigation. These tests do not always indicate impairment, but they are approved assessments of a person’s capability to drive.
Legal requirements for roadside DUI stops
Under Florida law, police officers may request drivers to perform these field exercises. But unlike chemical testing (breath, urine and blood analysis) which state law mandates, FSTs are not legally required. You can lawfully decline field sobriety tests without the risk of an administrative license suspension, though a prosecutor may still mention your refusal in court.
Building your DUI defense
Three sobriety tests alone are not airtight evidence of any intoxication. However, police often use this evidence against you. Coupled with a high blood alcohol level, FSTs can serve as powerful evidence for the prosecution.
But in some cases, tests do not successfully confirm inebriety. For example, if you have a physical disability that prevents you from performing well on these tests, the police may come to the wrong conclusion. Fortunately, you have legal rights when refusing DUI field sobriety tests in Florida.
You can challenge roadside sobriety tests in many ways. Multiple factors such as uneven ground, unclear instructions and poor lighting can cause someone to fail their FSTs. If you are facing DUI charges where FST results are being used as evidence, you must act fast. Securing legal assistance quickly can help you avoid immediate consequences such as license revocation.