John Musca Law

FL DUI - Field Sobriety Tests

Provided By: John Musca - MuscaLaw.com - FL DUI Attorney

Before an officer arrests an individual for DUI, he or she needs probable cause to believe the driver is too intoxicated to safely operate a vehicle. One way of gauging a driver’s level of intoxication is by conducting one or more field sobriety tests.  Field sobriety tests challenge a driver’s physical coordination, mental alertness, and ability to follow instruction.  It is believed that if a driver has a blood alcohol concentration above .08% then he/she will not be able to pass the test, as the presence of too much alcohol or drugs in the body significantly impairs a driver’s mental and physical abilities.

Field sobriety tests are conducted on the side of the road or highway by where the driver was pulled over.  In Florida, drivers suspected of DUI are typically asked to perform the following three field sobriety tests:

* Horizontal Gaze Nystagmus: an officer will hold a small object several inches from the driver’s face and ask the driver to follow the object with his/her eyes. The officer will be looking to see if the driver can follow the object’s line of motion, and if his/her eyes twitch when the object moves to the side. Eye twitching is a sign of intoxication.  However, eye twitching (or “nystagmus” in medical jargon) is a condition that can affect people even if they haven’t had any alcohol.

* One-Leg Stand Test: the test starts with the driver standing straight with arms at the side. The officer will instruct the driver to raise one leg six inches of the ground and start counting out loud. The officer is looking to see if the driver can not only follow directions, but also maintain balance without hoping, wobbling, raising his/her arms, etc.

* Walk & Turn Test: the driver will take nine heel-to-toe steps in a straight line, turn, and then repeat the same action in the other direction. The officer is looking to see if the driver can walk in a straight line, as well as follow instructions.