Field Sobriety Tests and Their Flaws

The standardized field sobriety tests used by today's law enforcement were developed back in the late ‘70s and early ‘80s to assist officers in determining driver's sobriety. There are two sets of tests, standardized and non-standardized, and it is up to the discretion of the officer which tests you are asked to perform.

Standardized Field Sobriety Tests

Most drivers are familiar with the standard 3 field sobriety tests so often seen in TV dramas and movies. They are:

• Walk-and-turn - The driver is asked to walk heel-to-toe along a straight path for 9 steps, turn, and repeat in the opposite direction;
• One-leg stand - The driver is asked to stand with one foot raised about 6 inches and count aloud until asked to stop (usually about 30 seconds); and
• Horizontal gaze nystagmus (eye test) - The officer moves a penlight in front of the driver's eyes about 1 foot from their nose and asks the driver to follow the light with their eyes.

The walk-and-turn and one-leg stand tests are checking for the driver's ability to understand and follow simple commands, as well as maintain balance while walking or standing. The HGN eye test measures nystagmus, an involuntary twitching of the eye, which occurs at a lesser angle if the driver is intoxicated.

Non-Standardized Field Sobriety Tests

The non-standardized field sobriety tests are not validated by the National Highway Traffic Safety Administration. An experienced Jacksonville DUI defense attorney will be able to spot these less-accurate tests and use this evidence in your defense. The tests include:

• Rhomberg balance test - The driver is asked to stand with feet together and lean their head back to look skyward while holding their arms out to the side;
• Finger-to-nose test - The driver is asked to close their eyes, stretch their arms out to the side and bring their finger up to touch their nose;
• Finger-count test - The driver is asked to count the number of fingers the officer is holding up;
• Hand pat test - The driver is asked to extend a hand in front of their body, palm up, and place their other hand on top, palm down. The driver then is asked to "pat" the lower hand with the upper hand by rotating it so the lower hand is patted by the palm of the upper hand;
• ABC test - The driver is asked to recite a portion of the alphabet; and
• Numbers backward test - The driver is asked to count backwards.

The first 4 tests are mainly motor skill, vision and balance tests combined with determining if the driver can understand simple commands. The ABC and numbers tests are designed to determine mental impairment from intoxication. These tests are much less reliable and normally only used to justify the officer's cause to detain the driver on suspicion of DUI.

Contacting a Jacksonville DUI Defense Attorney

These tests are passed or failed solely on the discretion of the officer, and many drivers claim they could not perform some of the tests even while sober. If you have cause to believe your DUI arrest was the result of mismanaged field sobriety tests, a Jacksonville DUI defense attorney from Sullivan & Hepler can help you to mount a solid defense in your Florida DUI case.

Before you hire a DUI attorney, order this free guide; The State of Florida v. You: The Accused's Guide to Defending a Florida DUI Charge. To get started with your defense, contact us today at 904-384-8808 or 1-800-295-4193