When you are asked by a police officer to perform a field sobriety exercise you need to realize that the National Highway Traffic Safety Administration (NHTSA) only recognizes that three tests have any scientific validity to recommend them. While we do encourage you to be aware of your right to refuse to perform these exercises, it is still useful to know what these field sobriety tests are.

DUI Field Sobriety Exercise – Horizontal Gaze Nystagmus (HGN)

Scientists use the term nystagmus to describe any involuntary jerking of the eyeball. Depending on which direction the eyeball jerks, the nystagmus will be classified as either horizontal or vertical gaze nystagmus. Alcohol is known to exacerbate nystagmus. NHTSA claims that the higher the concentration of alcohol in the blood, the more pronounced the jerking motion of the eyeball.

While NHTSA believes that this exercise is accurate up to 77% of the time at predicting a BAC above 0.10%, results can vary widely, especially if the officer has not had special training in performing the test correctly. As Florida DUI attorneys, we have studied into the various nystagmus and their symptoms thoroughly. We realize how important it is that we have the knowledge necessary to identify any inconsistencies in procedures so we can attack the validity of the exercise.

DUI Field Sobriety Exercise – Walk and Turn (WAT)

NHTSA recommends this exercise because it depends on your ability to concentrate on two things at the same time. The theory behind this exercise is that if you are impaired, you lose your ability to divide your attention between simple mental tasks and physical tasks. When you are asked to perform this exercise, you are told to take nine steps, heel-to-toe along a straight line. After the ninth step, you are asked turn around on one foot and walk back to your starting point, once again placing your feet heel-to-toe along the straight line.

The main problem with this DUI field sobriety exercise is that many people have problems, wither impaired or not, with more than one of the following eight items the officer is looking for when they ask you to perform the test:

1) Trouble keeping your balance during the instructions

2) Starting before the officer has finished the instructions

3) Stopping so you can regain your balance

4) Failing to touch your heel to your toe at any point

5) Stepping off the line

6) Using your arms to keep your balance

7) Making the turn correctly

Taking the correct number of steps

Officers have been led to believe by the NHTSA that if you have trouble with more than two of these items, you probably have a BAC of .10% or greater. The truth is this exercise does not demonstrate a  specific BAC level.

DUI Field Sobriety Exercises – One Leg Stand (OLS)

If you’re asked to perform the One-Leg Stand exercise, the police officer will ask you to stand with one
foot lifted off the ground about six inches. He or she will then ask you to count up from a thousand (one
thousand-one, one thousand-two, etc.) until her or she tells you to put your foot down. This is another
exercise based on the idea that you lose your ability to divide your attention between simple mental
tasks and physical tasks when you have been drinking.

If you agree to do this exercise, you can expect to count and retain your balance for at least 30 seconds.
What will the officer be looking for?

1) Swaying

2) Using your arms for balance

3) Hopping to keep your balance

4) Needing to put your foot down before the 30 seconds are up

5) Properly counting

6) Looking down at your feet

NHTSA researchers claim that if you do two or more of these things, there is an 83% chance that your blood will test with a BAC of 0.08 or higher.

This exercise is troublesome because your ability to balance for 30 seconds without using your arms or putting your feet down when not impaired is assumed. This just may not be the case.

DUI Field Sobriety Exercises – They are not mandatory in Florida!

Even though these three exercises are recommended by the NHTSA, remember, performing them is completely voluntary in the state of Florida. We would like to repeat our advice once again, that it is sometimes better to refuse to submit to field sobriety exercises. They may be standard procedure if you are stopped for a suspected DUI in Florida, but they remain optional.

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. Our FL DUI attorneys can handle your case whether you were arrested in Venice, Sarasota, North Port, or elsewhere in Sarasota County. Contact a Sarasota DUI lawyer at our firm to today for your free and confidential consultation.