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Miami, Florida Field Sobriety Testing Attorney

Skilled Attorney Addressing Roadside Sobriety Tests in DUI Cases in Miami

A DUI charge begins with a traffic stop, during which a police officer may ask a driver to perform field sobriety tests, which are intended to help determine whether a driver is impaired. However, physical and verbal tests are not always accurate indicators of intoxication. A variety of factors can affect a person's performance on these tests. Because sobriety tests are subjective and open to interpretation, they may be challenged when defending against DUI Charges.

At The Hoffman Firm, our Miami DUI lawyer can review how field sobriety tests were administered, question their reliability, and provide alternative explanations for a driver's performance. Challenging these tests can weaken the prosecution's case when defending against a conviction for DUI. Successfully disputing test results can lead to reduced charges or even the dismissal of a DUI case.

Standardized Field Sobriety Tests

There are three standard tests that are widely used by law enforcement to gauge sobriety during DUI traffic stops:

  • Walk-and-Turn Test: To demonstrate their ability to maintain balance and follow instructions, a driver must take nine steps in one direction, turn, and return to where they started. Officers look for balance issues, failure to follow instructions, or stepping off the line. However, uneven pavement, poor lighting, or nervousness can all affect a driver's ability to complete this test successfully.
  • Horizontal Gaze Nystagmus (HGN): During this test, a police officer asks a driver to keep their eyes on an object like a pen as they move it back and forth. The officer will watch for jerking of the eyes, which can be a sign that a driver is intoxicated. However, medical conditions, fatigue, or even bright lights from oncoming traffic can cause similar eye movements.
  • One-Leg Stand Test: The driver is asked to raise one foot off the ground and maintain their balance for about 30 seconds. Swaying or putting a foot down can be considered signs of impairment. However, issues like age, injuries, or medical conditions can make it difficult to perform this test, even when sober.

Ohter Non-Standard Field Sobriety Tests

In some cases, officers may use additional tests to assess a driver's sobriety. These tests do not have established reliability standards, and they can be even more subjective than SFSTs. Examples include:

  • Finger-to-Nose Test: The driver must touch their finger to their nose while their eyes are closed and their head is tilted back. This test can be influenced by coordination issues or nervousness.
  • Reciting the Alphabet or Counting Backwards: Stress or speech difficulties unrelated to intoxication can affect a person's concentration and make it difficult to perform these tasks.

Defending Against DUI Charges Based on Field Sobriety Tests

Tests conducted by police during traffic stops are far from foolproof, and our Miami DUI defense attorney can challenge their validity in several ways:

  • Questioning Test Conditions: If the tests were conducted on an uneven surface, in wet or cold weather, or under improper lighting, the results may be unreliable.
  • Examining Officer Conduct: If the officer did not provide clear instructions or failed to account for a driver's physical condition, the results could be questioned.
  • Medical and Physical Conditions: Issues such as vertigo, neurological disorders, or injuries can affect coordination and balance, leading to false indications of impairment.
  • Challenging Subjectivity: Since officers interpret the results based on their observations, bias or errors in judgment can lead to wrongful DUI arrests.

Contact Our Miami, FL Field Sobriety Tests Defense Attorney

When you are facing DUI charges in Miami, it is crucial to have legal representation from an attorney who understands how to challenge field sobriety test results. At The Hoffman Firm, our lawyer can examine the details of your case, identify weaknesses in the prosecution's evidence, and advocate for your rights. Contact our office at 305-249-0090 to discuss your legal options in a complimentary consultation and begin building a strong defense.

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