Getting stopped by the police after you have been drinking alcohol is a scary experience, especially when faced with field sobriety tests. Understanding what these tests entail and your rights is crucial.
Field sobriety tests are used by officers to assess impairment. Knowing the implications of these tests and how they can be used in court will be a great benefit for you. Consulting a DUI lawyer can provide valuable insight into your case and help protect your rights.
This article will cover the essentials of field sobriety tests and what to expect during a DUI stop.
What Happens During a Field Sobriety Test?
During a field sobriety test in Florida, officers typically conduct three standardized tests to assess a driver’s impairment. The Horizontal Gaze Nystagmus (HGN) test involves following a stimulus, such as a pen, with the eyes. Officers look for involuntary jerking of the eyes, which can indicate intoxication.
The Walk-and-Turn test requires the driver to take nine heel-to-toe steps along a straight line, turn, and return. Balance, coordination, and following instructions are evaluated.
Lastly, the One-Leg Stand test involves standing on one leg while counting aloud. Swaying, using arms for balance, or putting the foot down may suggest impairment. If you fail one of these tests you can be charged with a DUI.
Can You Refuse?
In Florida, you can legally refuse field sobriety tests, such as the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests. If you are intoxicated, refusing these tests can be advantageous, as failing them can provide evidence against you in court. However, refusal may lead to an arrest based on other observations.
It is important to note that you cannot refuse chemical tests, like breath, blood, or urine tests, without facing penalties such as license suspension and fines due to implied consent laws.
Also, it is important to note that your refusal to participate in a field sobriety test could lead to a reasonable suspicion that you are impaired and could make the officer more likely to ask for chemical testing.
Implied Consent
The Implied Consent law in Florida mandates that by obtaining a Florida driver’s license, you agree to submit to chemical testing (breath, blood, or urine) if suspected of DUI.
This law is invoked during DUI stops to determine blood alcohol content. Refusal to participate in these tests results in immediate penalties, such as license suspension and fines.
However, this legal obligation does not extend to field sobriety tests like the ones mentioned above. Drivers can refuse these without automatic penalties, though refusal may still lead to arrest based on other evidence of impairment. It is important to remember your rights when you are stopped by the police for any reason.
Find a DUI Lawyer That Will Fight for You
Understanding field sobriety tests and your rights during a DUI stop could make all the difference if you must appear in court. Knowing when and how you can refuse certain tests can significantly impact the outcome of your case. If you find yourself facing a DUI charge, seeking the advice of a skilled DUI lawyer is essential for protecting your rights and ensuring a fair process.
If you have been arrested under the suspicion of DUI in Northwest Florida, contact Robert Dees for expert legal assistance and a strong defense. Don’t face this situation alone, reach out today for the support you need.