The prosecutor must have evidence to convict you beyond a reasonable doubt when you have been charged with drunk driving. The experienced Florida criminal defense attorneys at The Alers Law Firm can review this evidence and challenge it when necessary.
Police often administer field sobriety tests when they have pulled a motorist over on suspicion of drunk driving. These tests are not always reliable, and there is a potential to challenge what the officer has said if you choose to defend against the DUI in court. Just because the police have said it does not always mean that their version of events will stand up in court.
If you have been charged with DUI in Florida, schedule an immediate free initial consultation with a criminal defense attorney at The Alers Law Firm today. We can review your case and work for you to achieve the best possible outcome.
Types of Field Sobriety Tests
If the officer has reasonable suspicion to pull you over for a DUI offense, the first thing they may do is ask you to step out of the car. They are looking for signs of potential intoxication to give them probable cause to make an arrest. The field sobriety test is the first way that the officer may gather evidence that could later be used by the prosecutor to support a conviction.
There are three primary types of field sobriety tests that are recognized by the National Highway Transportation Safety Administration:
| Three Primary Types of Field Sobriety Tests | ||
| One-Leg Stand Test | Walk-and-Turn Test | Horizontal Gaze Nystagmus (HGN) Test |
| The officer may ask you to balance yourself on one leg | You may be requested to walk a straight line to see how you can divide your attention | Your eyes may be tracked for involuntary jerking which could be a sign of intoxication |
It Is Not Mandatory to Comply with the Officer’s Directive
When you get a driver’s license in Florida, you give implied consent for breathalyzer tests. This consent does not extend to the field sobriety test. You always have the option to decline participation, although you should do so firmly yet politely. However, the fact that you did not comply with the officer’s directions can also be used against you in a criminal case. There may be an adverse inference drawn against you that you were actually intoxicated at the time of your traffic stop if you refused to cooperate.
Field Sobriety Tests Are Not Always Accurate
There are reasons why field sobriety tests are not always indicative of intoxication. DUI stops often occur at night, and it may be difficult for the officer to actually see you and what you are doing. There may be poor lighting that could have prevented full visibility. Further, the officer may have had their own bias, and they reach their own conclusions about what they are seeing that may not represent reality.
You May Be Able to Challenge the Officer’s Version of Events
The police officer will use their version of events as part of their testimony should you go to trial. However, it is not always a case of it being your word against that of the police officer. There is a way to verify at least some of the evidence that is being used against you. Police officers wear body cameras, and they are required to have them activated during a traffic stop. The prosecutor is required to turn over all evidence that they are using against you, and this includes body camera footage. If the recording shows something different from what the officer is saying, it could undermine the case against you.
There Are Other Ways to Dispute the Evidence
You may have other avenues to show why the field sobriety test was either inaccurate or does not show what the prosecutor says. You could challenge the evidence in other ways, including:
- The officer did not have the training to properly administer the test
- You did not perform as poorly as the officer said
- There were other reasons for your performance on the field sobriety test
An experienced criminal defense attorney can review the facts of your case and help determine whether you have an opening to challenge the results of the field sobriety test.
Contact a Florida Criminal Defense Law Firm Today
If you have been charged with DUI, a Florida criminal defense lawyer at The Alers Law Firm can provide you with timely and aggressive legal defense. The only thing that you need to do is reach out immediately to schedule a free initial consultation, and you can do that by messaging us online or calling us today at (407) 930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
