When a driver is pulled over on suspicion of DUI in Panama City Beach, Florida, law enforcement officers often use field sobriety tests (FSTs) to assess impairment. These tests are designed to measure balance, coordination, and cognitive function, but their reliability is often questioned in court. At The Sombathy Law Firm, we understand how these tests work and the various ways they can be challenged in a DUI defense case.
What Are Field Sobriety Tests?
Field sobriety tests are standardized physical and cognitive exercises that police officers administer during a DUI stop. The National Highway Traffic Safety Administration (NHTSA) has approved three standardized tests:
Horizontal Gaze Nystagmus (HGN) Test
- The officer asks the driver to follow a moving object (such as a pen or flashlight) with their eyes.
- Involuntary jerking of the eyes at certain angles can indicate alcohol impairment.
- However, nystagmus can also be caused by medical conditions, neurological issues, or even certain medications, making this test potentially unreliable in some cases.
Walk-and-Turn Test
- The driver is instructed to take nine heel-to-toe steps in a straight line, turn on one foot, and return in the same manner.
- Balance issues, improper turns, or starting too soon may be interpreted as signs of impairment.
- Fatigue, nervousness, or even uneven pavement can negatively impact performance on this test.
One-Leg Stand Test
- The driver must stand on one leg while counting aloud for about 30 seconds.
- Swaying, hopping, or putting the foot down can be used as evidence of intoxication.
- However, people with back problems, leg injuries, or poor balance unrelated to alcohol may struggle with this test.
Can These Tests Be Used as Evidence in Court?
While field sobriety tests are commonly used in DUI cases, their reliability is not foolproof. Several factors can impact the validity of these tests, making them challengeable in court. Officers may rely on FST results to establish probable cause for an arrest, but these tests are subjective and open to interpretation.
Factors That Can Affect Field Sobriety Test Results
- Medical Conditions: Inner ear disorders, neurological conditions, and other health issues can affect balance and coordination.
- Environmental Conditions: Uneven pavement, poor lighting, or extreme weather can impact test performance.
- Officer Misconduct or Error: If an officer does not properly administer the tests according to NHTSA guidelines, the results may be invalid.
- Nervousness and Stress: Being stopped by law enforcement can cause anxiety, which may lead to poor test performance.
- Footwear and Physical Limitations: High heels, heavy boots, or previous injuries may prevent a driver from performing the tests correctly.
- Fatigue or Sleep Deprivation: A tired driver may exhibit signs similar to impairment, even if they have not consumed alcohol.
Challenging Field Sobriety Test Results in Court
A skilled DUI defense attorney can challenge FST results by questioning their accuracy and the officer’s administration of the tests. Common defense strategies include:
- Questioning the Officer’s Training and Procedure: If the officer did not follow NHTSA protocols, the test results may be unreliable.
- Highlighting External Factors: Poor weather conditions, uneven ground, or physical limitations can all contribute to a failed test.
- Introducing Alternative Explanations: A medical condition, anxiety, or fatigue could explain poor performance rather than alcohol impairment.
- Challenging Subjectivity: Field sobriety tests rely on the officer’s subjective judgment, which can be influenced by bias, fatigue, or lack of experience.
Do You Have to Take a Field Sobriety Test?
Feld sobriety tests are not mandatory under Florida law. You have the right to refuse to participate in these tests without facing automatic penalties. However, refusal may lead to the officer relying on other observations to establish probable cause for an arrest. Additionally, declining a field sobriety test may not prevent a DUI arrest if the officer believes other evidence supports impairment.
Are There Better Ways to Determine Impairment?
While field sobriety tests are commonly used, they are not the only methods officers use to determine impairment. Breathalyzers and blood tests provide more objective measurements of blood alcohol content (BAC). However, even these methods can be challenged based on improper calibration, contamination, or procedural errors.
Protect Your Rights with The Sombathy Law Firm
If you have been arrested for DUI in Panama City or Panama City Beach, Florida, based on field sobriety test results, you need a strong legal defense. At the Sombathy Law Firm, we know how to challenge the reliability of these tests and fight for the best possible outcome in your case. Don’t let subjective field sobriety test results determine your future. Bob Sombathy is a Board Certified Criminal Trial Lawyer as designated by The Florida Bar, and he has over 30 years of experience handling cases just like yours. Contact us today for a consultation, and let us protect your rights.
