Fort Lauderdale Field Sobriety Test Lawyer

Attorney Addressing Field Sobriety Tests in DUI Cases in Fort Lauderdale, FL

When a person is pulled over on suspicion of driving under the influence (DUI), a police officer may ask them to step out of the vehicle and perform field sobriety tests. These tests are used to help law enforcement officers assess whether a driver may be impaired and to support the decision to make an arrest. Although field sobriety tests are presented as objective measures of impairment, they are often based on subjective observations. In some cases, these tests lead to false positives, leading to an arrest and DUI charges for a person who was not intoxicated.

At The Hoffman Firm, our lawyer defends clients who have been charged with DUI in Fort Lauderdale by closely examining every element of a traffic stop, including the administration and reliability of field sobriety tests. He understands that these tests are not always accurate, and he knows how to challenge them on procedural or scientific grounds. By questioning the validity of these roadside evaluations, our attorney may be able to weaken the prosecution's case and improve a client's chances of avoiding a conviction for DUI.

The Purpose of Field Sobriety Tests in DUI Investigations

Field sobriety tests are used by law enforcement officers to observe a driver's physical coordination, balance, and ability to follow instructions. The results of these tests may help officers establish probable cause to make an arrest for DUI. If a driver performs poorly on one or more of these tests, an officer may believe that this serves as evidence of impairment due to alcohol or drugs.

While police officers may act as if drivers are required to follow their requests and perform field sobriety tests, these tests are entirely voluntary. A driver cannot be penalized for refusing to perform them, although their refusal may provide an officer with a reason to perform an arrest. Many people comply with officers' requests out of fear, confusion, or a belief that cooperation will prevent arrest. However, taking these tests could provide officers with evidence to use against a person in a DUI prosecution.

The Three Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has approved three types of field sobriety tests for use by police officers in DUI investigations. These tests are supposed to be administered using specific guidelines, but officers may deviate from the proper procedures, leading to questionable results.

Horizontal Gaze Nystagmus Test

The test is designed to detect involuntary movements in the eyes, which can be seen as an indication of intoxication by alcohol or certain drugs. During the test, an officer will instruct a person to follow a pen, flashlight, or other object with their eyes while keeping their head still. The officer will look for signs that their eyes are not moving smoothly or are jerking involuntarily.

Possible sources of error or false positives in this test include:

• Medical conditions affecting eye movement, such as inner ear issues or neurological disorders
• Improper administration of the test, such as an officer moving an object too quickly or failing to instruct a person to keep their head still
• Fatigue or nervousness that may cause a person to look away

Walk-and-Turn Test

In this test, a person will be instructed to take several steps along a straight line, turn around, and walk back to the starting position. As the person walks and turns around, the officer will watch for indicators of the driver's impairment, such as stepping off the line, losing their balance, or losing track of the number of steps they have taken.

Possible sources of error or false positives in this test include:

• Uneven or sloped surfaces where the test is performed
• Poor lighting or bad weather conditions
• Physical limitations, injuries, or medical conditions
• Stress or anxiety during the test
• A misinterpretation of the person's nervousness as impairment

One-Leg Stand Test

In this test, a person will be asked to stand with one foot raised a few inches off the ground for a certain number of seconds. The officer will watch to see if the person sways, hops, or puts their foot down.

Possible sources of error or false positives in this test include:

• Balance issues unrelated to alcohol, such as inner ear disorders or joint pain
• Uneven pavement or poor footwear
• Nervousness or confusion about the instructions
• Fatigue or other unrelated sources of physical discomfort

How Field Sobriety Tests May Be Challenged in a DUI Case

Field sobriety tests are not foolproof, and our experienced DUI defense attorney may take steps to challenge the reliability of the results. He will investigate how each test was administered and whether the officer followed the proper procedures. Potential legal challenges may include:

• Improper Administration: If the officer did not follow the NHTSA guidelines exactly, the test results may be unreliable. Our lawyer will review dashcam or bodycam footage when available to evaluate whether tests were administered correctly.
• Subjective Interpretation: Field sobriety tests rely heavily on the officer's opinions. What one officer sees as impairment, another might not. Our attorney may argue that the observations were influenced by bias, lack of training, or environmental distractions.
• Medical and Physical Conditions: Many people have medical conditions or other issues that can affect their ability to maintain balance or follow instructions. Our lawyer can work with medical experts to show how these factors could have impacted a person's performance on field sobriety tests.
• Environmental Factors: Roadside conditions such as heat, humidity, rain, poor lighting, or noisy surroundings can make a person perform poorly on field sobriety tests, regardless of whether they have been drinking alcohol. The location and circumstances of a test may be used to challenge its validity.

Contact Our Fort Lauderdale, Florida Field Sobriety Testing Attorney

If you were arrested for DUI after being asked to perform field sobriety tests, you may have more legal options than you realize as you defend against a conviction. These tests are often flawed, and it may be possible to successfully challenge them in court. The attorney at The Hoffman Firm can provide you with a strategic defense against DUI charges, and he will work to ensure that a single mistake will not result in long-term consequences. Contact our Fort Lauderdale DUI lawyer today at 954-524-4474 to arrange a free consultation.