Failed Your Field Sobriety Test? You Still Have Legal Rights

If you’ve been charged with driving under the influence (DUI) or driving while intoxicated (DWI) inFlorida, chances are you may have been subjected to aFloridafield sobriety test. From television, movies, and general experience, many of us are made to believe that a Florida field sobriety test, or any sobriety test, is the end-all of determining whether or not someone is under the influence, and that if one is failed, then the driver was without a doubt drunk or intoxicated in some form.


Field Sobriety Tests – Designed to Fail

What many people don’t know, however, is that the field sobriety tests are purposefully difficult to pass and are designed to be challenging even for a sober individual, blurring the line between a reliable test and a manipulated one. If you have been charged with a DUI inFlorida, contact a Broward County DUI defense attorney who will fight for you and protect your rights by pointing out the shortcomings of the methodology used against you.

Common exercises you may be asked to perform in aFloridafield sobriety test include:

Standing on one leg with your foot 6 inches off the ground, arms at your side, toes pointed, and looking at your foot while counting until the officer indicates that you should stop;

  • The walk and turn test in which the officer will instructs you to take several heel-to-toe steps in a straight line, pivot, and return in the same number of steps while counting aloud;
  • The horizontal gaze nystagmus (HGN), in which the officer will instruct you to stare at an object while he or she moves it back and forth – the officer will be looking for any delayed or jagged eyeball movements or patterns while you attempt to watch the pen.
  • Other more informal, less standard exercises you may be asked to perform include tipping your head backwards with your feet together, counting the officer’s fingers, reciting the alphabet, and counting backwards.

Police would have you believe that just because you have failed aFloridafield sobriety test, you are guilty, but there are a number of reasons that a person might fail one of these tests while completely sober, among them are health issues.


A Florida Field Sobriety Test is Voluntary

Another commonly overlooked fact is that you are not required by law to perform any field sobriety tests whatsoever. These tests are all voluntary, so when you are asked to perform any field test, simply say “no.”

Typically, the only evidence a jury may have from your field sobriety test is the police’s subjective opinion of how you performed, which will more likely than not be exaggerated – yes, police protect us from the bad guys sometimes, but they’re human beings and on occasion do get carried away. Your responsibility is to protecting your rights, and you’ll have a much better chance of doing that if you refuse to perform anyFloridafield sobriety test that you are asked to do.

Please keep in mind that this does not apply to a blood or urine test, and that you may face automatic penalties for refusing to submit to either of those. If you need legal help click the link discrimination lawyers nj they have great lawyers that can help you with your legal rights.



If you are facing DUI charges because you were stopped and given a Florida field sobriety test, your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact Miami DUI defense attorney team at Falk & Ross for a no-cost evaluation of your case – 1-877-663-5110.