I am often asked whether it is OK to refuse to take field sobriety exercises (FSE’s). In the State of Florida, roadside sobriety tests are voluntary, which means you do not have to take them. The prosecution may try to use your refusal to perform these tests against you, but if you fail to perform well, this could also be used against you.

Regardless of whether or not you are truly impaired, chances are very high that you will not be able to perform these exercises to standards. You can help your attorney defeat your DUI case by refusing to submit to field sobriety exercises.

Already Arrested Because of Poor Performance in a Florida DUI Roadside Test?

You may be reading this blog because you already performed poorly on a Florida DUI roadside sobriety test because you didn’t know that it was your legal right to refuse. We can still help you if this is working against you.

Field Sobriety Exercises Are Unreliable.

The field sobriety exercises are often unreliable. The National Highway Traffic Safety Administration (NHTSA) considers these tests to be standardized, but how do you standardize a test to take into account all the variables that can exist—different weights, varying athletic abilities, assorted medical conditions and diverse ages? These tests are based on norms, which can be unfair.

Testing conditions are another issue with field sobriety tests. Being pulled over on suspicion of a Florida DUI can cause severe anxiety which can be misinterpreted as impairment. Fatigue can impact performance on a roadside exercise. Traffic passing too close on the roadway can cause anxiety. The shoulder is often tilted, which can make standing on one leg or walking a straight line more difficult. It may be raining, making the road or sidewalk slippery. Even the fact that you aren’t familiar with the sobriety tests can produce unreliable results.

NHTSA considers the horizontal gaze nystagmus or HGN test one of the most accurate field sobriety tests available for proving a Florida DUI. Prosecutors claim it is very accurate. It isn’t quite as perfect as they would like juries to think. Poor lighting affects an officer’s ability to conduct the test accurately. There are also other naturally occurring reasons for HGN that are not connected to alcohol consumption. Moreover, most people accused of DUI are not aware that a law enforcement officer is not qualified to testify about the results of HGN testing unless they have a specific certification called “drug recognition expert.” Very few officers have achieved this certification.

These are all conditions that invalidate roadside DUI evaluations based on field sobriety tests. As far as Musca Law is concerned that there is no simple piece of evidence that can ever conclusively prove your impairment.

Have you been accused of DUI in Sarasota? If so please fill out the form to the right or call 941-916-3627 for your free consultation with a Sarasota DUI attorney at our firm.