Field Sobriety Test defense in Florida.
Field sobriety exercises are the HGN eye test, the walk and turn, and the one leg stand. They are meant to follow national NHTSA standards, and how they were given and scored can be reviewed. This page explains how that works in Florida DUI cases. Available 24 hours a day.
Can field sobriety test results be challenged in Florida?
Yes. The three standardized exercises, horizontal gaze nystagmus (HGN), walk and turn, and one leg stand, are meant to be given and scored under national NHTSA standards. When the instructions, the setting or the scoring depart from those standards, the reliability of the results can be questioned. Video often shows details that a written report leaves out.
These exercises are not chemical tests. They depend heavily on an officer's instructions and interpretation, which is why they are reviewed step by step rather than accepted as a simple pass or fail.
How each exercise is supposed to be given
HGN is an eye test in which the officer watches the eyes follow a stimulus from side to side, looking for involuntary jerking. The walk and turn asks the person to walk a line heel to toe, turn and walk back while following instructions. The one leg stand asks the person to balance on one foot while counting.
Each exercise has a standard way of giving instructions, demonstrating and scoring. A review compares what the officer actually did with those standards, using the report, any notes and any video.
Conditions that can affect roadside performance
Many things besides alcohol can affect balance and coordination: the surface, a slope, lighting, weather, footwear, passing traffic, fatigue, nerves, age, weight, injuries and medical conditions. Some eye conditions can also be relevant to HGN.
None of these factors automatically sets aside the evidence, but each can explain an observation that an officer recorded as a sign of impairment. The defense gathers information about the scene and the person so the results can be read in context.
Roadside exercises and the breath test are separate steps
Florida's implied consent license suspension applies to the breath test after arrest, not to roadside exercises. The breath test, given on the Intoxilyzer 8000 after a 20 minute observation period, is a separate piece of evidence with its own rules and records.
Both are reviewed together with the reason for the stop. If the stop lacked reasonable suspicion, a motion to suppress can ask the court to exclude what followed, including the roadside exercises. Depending on the evidence, a case may end by dismissal, plea or trial. DUI Lawyers Shield Firm reviews roadside video and reports as part of its free case review.
Other DUI defense pages
- First Time DUI
- Second DUI
- Third DUI
- Felony DUI
- DUI Manslaughter
- DUI With Serious Bodily Injury
- Underage DUI
- Commercial DUI (CDL)
- DUI With Drugs
- Boating Under the Influence (BUI)
- Breathalyzer Refusal
- Blood Test Defense
- DUI License Suspension
- License Reinstatement
- DMV Formal Review Hearing
- Ignition Interlock Device
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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