Field Sobriety Tests
Attorney in Orlando, Florida
If you were arrested and charged with a DUI, it is likely that you were asked to perform Field Sobriety Tests. In DUI cases, law enforcement will typically have you perform three tests to determine whether you are able to operate a motor vehicle. Keep in mind that your performance on these field sobriety tests is at the subjective view of the officer and can be defended in Court. Our DUI Field Sobriety Lawyer is a former DUI Prosecutor who has successfully challenged the results of the client’s performance on the field sobriety tests. Call our office today to schedule your free and confidential consultation.
Field Sobriety Tests
Once a law enforcement officer has detained you on suspicion of DUI, you will be asked to complete field sobriety exercises to either corroborate or dispel the officer’s belief that you are impaired. Your refusal to perform these tests or results will be used against you in the prosecution of your DUI case.
The tests that the officer will ask you to perform include:
Horizontal Gaze Nystagmus Test (HGN): the officer will ask you to place your feet together with your arms by your side and order you to keep your head still while they move a pen back and forth to see if your eyes can track its movement smoothly.
Walk and Turn: you will be asked to walk along a straight line taking nine heel-to-toe steps forward, then turn around using a series of small steps, followed by nine heel-to-toe steps back.
One Leg Stand: you will be asked to keep your hands by your side and to raise one foot from the ground to approximately six inches while you count out loud for thirty seconds.
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Challenging Field Sobriety Tests
Even when law enforcement deems that you were not able to successfully complete the field sobriety tests, you may still be able to challenge the admissibility and results of the tests. Some of the typical issues that arise include:
Was the officer a drug recognition expert?
Did the officer properly perform and instruct you on how to perform the test?
What was the grade or condition of the roadway on which you were asked to perform the tests?
Do you have a medical condition that would influence or impact the result of the field sobriety test?
Is there video evidence that contradicts the officer’s report?
These are a number of the issues that we will explore in the defense of your DUI case. If any of these issues arise, we will file Pre-Trial Motions in an effort to have the Court suppress evidence to benefit your case. If you have been arrested and charged with a DUI and have concerns about the results of your field sobriety tests, call our office today to learn how we will use our experience to fight your DUI case.