Field Sobriety Tests
We are certified in the administration of field sobriety tests (FST). This gives us a significant advantage in defending our clients charged with DUI.
Challenging FSTs in a Florida DUI case involves questioning their accuracy, administration, and relevance to your actual impairment. Here are some common defenses and strategies we can use:
1. Question the Administration of the Tests
Improper Administration:
Standardized Procedures: FSTs must be administered according to standardized procedures set by the National Highway Traffic Safety Administration (NHTSA). If the officer deviated from these procedures, the results may be invalid.
Testing Conditions: FSTs should be conducted under suitable conditions. Poor lighting, uneven surfaces, or inclement weather can affect performance and lead to inaccurate results.
Lack of Officer Training:
Officer Certification: Officers must be trained and certified to administer FSTs. If the officer was not properly trained or certified, the results may be questionable.
2. Challenge the Accuracy and Reliability of the Tests
Test Validity:
Scientific Validity: FSTs are designed to measure physical and cognitive impairment related to alcohol consumption. If we can demonstrate that the tests are not reliable indicators of impairment in your case, this can be a strong defense.
Physical Conditions: Certain physical conditions or disabilities can affect FST performance, such as balance issues, neurological disorders, or injuries.
Inherent Difficulties:
Subjectivity: Many FSTs involve subjective judgments by the officer. If we can show that the officer’s observations were biased or not objective, this can undermine the reliability of the results.
3. Present Alternative Explanations
Physical and Medical Conditions:
Medical Issues: Conditions like inner ear problems, diabetes, or other medical issues can affect balance and coordination, which may be mistaken for impairment.
Fatigue or Stress: Physical exhaustion or stress can impact your ability to perform FSTs correctly. Demonstrating that fatigue or stress influenced your performance can weaken the prosecution's case.
Environmental Factors:
Environmental Impact: Factors such as poor road conditions, uneven surfaces, or adverse weather conditions can affect your ability to perform the tests accurately.
4. Dispute the Officer's Observations
Inconsistencies in Testimony:
Officer’s Report: Compare the officer’s report with the video footage (if available) and other evidence. Inconsistencies or discrepancies in the officer’s observations can be used to challenge the credibility of the FST results.
Observation Errors: We often argue that the officer misinterpreted or exaggerated the signs of impairment, especially if they did not document your performance accurately.
5. Address the Impact of Alcohol or Drugs
Substance Effects:
Non-Impairing Substances: If you were under the influence of non-impairing substances or medications that do not affect coordination, this can be used to challenge the validity of the FST results.
No Intoxication: We can also provide evidence that you were not impaired by alcohol or drugs, such as clean breathalyzer results or lack of other impairment signs.
6. Use Expert Testimony
Expert Analysis:
Consult an Expert: A forensic expert or specialist in DUI cases can analyze the FST results and provide testimony on the reliability and administration of the tests. Expert testimony can help highlight flaws in the test administration or interpretation.
7. Legal Procedures and Rights
Right to Refuse:
Right to Refuse Tests: While you cannot refuse a breathalyzer test without facing legal consequences, you can refuse FSTs. If you were coerced or not properly informed about your rights, this can be part of your defense.
Conclusion
To effectively challenge field sobriety tests in a Florida DUI case, we need to scrutinize how the tests were administered, their accuracy and relevance, and any external factors that might have affected your performance. Building a defense around these aspects involves gathering evidence, questioning the officer’s procedures and observations, and potentially consulting with experts. We can help you develop a robust strategy tailored to the specifics of your case.
