Miami DUI Lawyer for Field Sobriety Tests

Attorney Helping Clients Address Sobriety Tests During DUI Traffic Stops in Miami, FL

When a police officer pulls a driver over because they suspect that the person is driving under the influence, they will be looking for signs of intoxication and gathering evidence that may support an arrest for DUI. Field sobriety tests are commonly used in these situations. These tests are meant to evaluate a person's physical coordination, balance, and other factors that may be affected by intoxication. They often serve as key pieces of evidence used to justify an arrest for DUI.

However, field sobriety tests are not foolproof. Numerous factors can influence a person's performance, and if a person is fully sober, they may struggle to complete tests accurately under stressful or unfamiliar conditions. At Stroleny Law: Criminal Defense Attorney, our lawyer can help challenge field sobriety test results as part of a comprehensive DUI defense strategy. Understanding how these tests work, what rights a driver has during a traffic stop, and how the results may be used in court is an essential part of building a strong defense.

The Purpose of Field Sobriety Tests in DUI Investigations

When a law enforcement officer stops a driver for suspected DUI, they may request that the driver perform a series of field sobriety tests to assess whether the person appears to be impaired. A person's performance on these tests can provide the officer with probable cause, meaning that they have a valid reason to believe that the driver has broken the law.

During field sobriety tests, officers will look for indicators such as:

• Difficulty maintaining balance
• Poor coordination or slow movements
• Slurred speech
• Confusion
• Inability to follow instructions
• Visible signs of fatigue or physical impairment

Based on the observations made during field sobriety testing, the officer may conclude that a driver is under the influence, and they may proceed with an arrest for DUI. These observations are usually documented in the officer's report, and they may be used in court as evidence of intoxication.

Types of Field Sobriety Tests

There are three primary types of assessments that have been recognized as ways to gauge a person's level of impairment. These are known as standardized field sobriety tests, and they include:

• Horizontal Gaze Nystagmus: In this test, an officer will watch for involuntary movements of a person's eyes when they are tracking a moving object. The officer will move their finger, a pen, or another object back and forth to see whether a person's eyes move smoothly as they follow the object.
• Walk-and-Turn: In this test, a driver's balance and coordination will be observed as they walk in a straight line, turn around, and walk back to the starting point.
• One-Leg Stand: This test allows an officer to observe a driver's ability to balance with one foot raised off the ground.

Other types of non-standardized tests may also be used by police officers, such as asking a person to recite the alphabet, count backwards, or touch their finger to their nose. These tests have not been recognized as scientifically valid, but they may still be used along with other observations of a person's behavior.

Rights During a DUI Traffic Stop

Florida drivers have certain rights during a DUI traffic stop, including the right to remain silent and the right to legal counsel after being arrested. One important consideration is whether a person must comply with field sobriety tests when requested.

Field sobriety tests are voluntary. A driver can legally refuse to perform them without facing penalties. Unlike chemical testing of a person's breath or blood after a DUI arrest, which is subject to Florida's implied consent law, there is no legal penalty for refusing to take field sobriety tests.

Refusing field sobriety testing may raise an officer's suspicions, and it may be seen as a sign that a person knows that they are intoxicated. A refusal could lead an officer to arrest a person for DUI. However, declining to participate in testing can prevent an officer from obtaining evidence that could be used against a person in court. Our attorney can evaluate whether a refusal was handled properly by law enforcement or whether a person's rights were violated during an arrest.

Challenging Field Sobriety Test Evidence

Field sobriety test results are not always reliable. Our lawyer can review how these tests were conducted to determine whether the evidence can be questioned or excluded. There are many reasons why a person might "fail" a field sobriety test even if they are not intoxicated, including:

• Nervousness or anxiety
• Medical conditions that may affect balance or coordination
• Fatigue, dehydration, or illness
• Poor lighting or uneven road surfaces
• Footwear or clothing that make it difficult to perform physical tasks
• Officer biases or failure to follow the proper procedures

Our attorney will carefully review police body camera footage, arrest reports, and the officer's training history to determine whether field sobriety tests were administered according to the proper standards. If there were deviations from standard procedures, or if tests were conducted in an unfair or unreliable manner, he can take steps to suppress that evidence or argue that it did not conclusively show that a person was intoxicated.

In addition to challenging the tests themselves, our lawyer will evaluate whether the officer had reasonable suspicion to initiate the traffic stop and whether probable cause existed for a DUI arrest. During every step of an investigation and arrest, a person's constitutional rights must be protected. Any violations of these rights serve as a reason for the dismissal of a case or a reduction of the charges.

Contact Our Miami, Florida Field Sobriety Testing Defense Attorney

Field sobriety tests are often a key part of a DUI case, but they are far from infallible. If you were arrested for DUI after being asked to perform field sobriety tests, it is important to understand your rights and your options for defense. Stroleny Law: Criminal Defense Attorney can evaluate the evidence against you and take steps to defend against a conviction. Contact our Miami DUI defense lawyer by calling 305-615-1285 to arrange a free consultation.