Can You Pass the Florida DUI Field Tests Sober? Don't Try, says South Florida DUI Attorney 

a woman is in a jogger outfit stretching on a soccer field in broward county. The article is about DUI field sobriety exercises in South Florida.The answer is maybe. And it is far more likely the true answer is “maybe not.”

“Passing” the DUI Field Sobriety Tests in Florida depends on a number of factors, some of which are well out of your control. The biggest of these is the opinion (and mood!) of the police officer administering the tests. The tests are highly subjective - not objective - which leaves your fate of getting a DUI charge more or less up to the specific officer on that specific day.

The results of many performance-oriented tests rely on hands-on assessment by a panel of judges. For example,  think about certain professional sports, like gymnastics. When a gymnast performs for the judges, their collective score determines whether she wins or loses the entire competition. When you perform field sobriety tests, the police are the judges, and how they score your performance determines whether you’re arrested  for DUI or set free to go about your day.

Something super important to know: you have the right to say “NO” to doing field sobriety tests when pulled over for a suspected DUI in Florida. You have the right to say no, and there is NO negative consequence for saying no. Because of this, we typically recommend declining to do the exercises even if you are absolutely sober and haven’t even had one drink that day. 

While neither scenario may seem entirely fair, at least in professional sports the judges are qualified. They’re experts in their sport, and are usually former players themselves—meaning they’ve done the moves and know what to look for. But when it comes to field sobriety tests, every single cop on the force has the right to administer them and judge the results. No special experience or skill set is necessary. What’s even worse is that there’s no panel, and no average score calculation. 

The opinion of one unqualified police officer determines your entire fate when it comes to whether or not you’ll be charged and arrested for a DUI.  

And it’s safe to say many non-alcohol related factors can work against you.

One of the tests administered is called the One-Leg Stand Test. For this test you are required to stand on one leg with the other lifted 6 inches off the ground for 30 seconds while counting by thousands (one thousand-one, one thousand-two, etc.). Now, how many people have trouble balancing on one leg? A lot. 

Plenty of people start wobbling as soon as one leg comes off the ground even with no alcohol in their system. But simple acts people normally use to help achieve balance, such as holding out your arms and swaying to one direction, count against you and can result in a failed sobriety test. In other words: Even if you’re sober, you can fail field sobriety tests quite easily.

And what if you have an injury the officer doesn’t know about? What if you pulled a muscle, or twisted your knee, or have had some type of surgery or rehab? If there’s no cast or bandage to indicate injury, all that will matter is whether the cop believes you or not.

The One-Leg Stand test is already only 65% accurate with healthy individuals. That means the odds of passing are definitely not in your favor.

Learn more about all of the Field Sobriety Tests in our blog here.

Studies show that many sober people are unable to perform the Field Tests well enough to “pass.”

  • In one study 23% of sober people were deemed under the influence based on their performance.
  • Another study conducted by Dr. Spurgeon of Clemson University tested how well police officers could determine who was over or under the legal limit by watching them perform 6 different standard field sobriety tests. After watching, the officers in the study indicated that 46% of participants were legally intoxicated. But in actuality, none of the people performing the field tests had consumed any alcohol at all. That means the police were wrong 46% of the time.

Thankfully DUI field sobriety tests are not the be all end all in a case. They can be challenged based on a number of factors, including:

  • Inadequate officer training
  • Failure to properly administer the tests
  • Inappropriate grading
  • False positive results
  • Medical condition impairing performance ability
  • Age
  • Gender
  • Weight
  • Hearing
  • Environmental conditions

You are not required to take the field sobriety tests, and in many cases you shouldn’t. Even if you’re sure you are sober enough to pass, or you think you have inhumanly good balance, your passing is still not a sure thing. 

Studies show even 100% sober people can still fail, so why risk it? Play it safe and call a lawyer. 

Free DUI Defense Consultation in South Florida

We’ve successfully handled a variety of DUI charges and cases and are confident we can give you the results and aggressive defense you deserve and need to protect your liberty. 

 

We offer a FREE strategy session to new clients interested in discussing the details of their case so you know how we plan to get the best possible outcome for you and your case.  

 Give us a call today to schedule a free consult:

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Attorney Adam Rossen
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South Florida Criminal & DUI Defense Attorney
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