Can You Refuse Field Sobriety Tests in Florida?

If a police officer suspects that you are driving while drunk, they will pull you over to investigate further. Many things can happen during a DUI stop, including field sobriety tests. The police officer may ask you to take a field sobriety test to check your balance, coordination, and ability to follow instructions.

You may feel uncomfortable taking any field sobriety test and wonder if you can refuse. The law in Florida does not require you to take field sobriety tests and you will not face any legal penalties for refusing. This does not mean the police officer will not arrest you, but it is still possible to fight the charges. Below, our Fort Lauderdale DUI lawyer explains in greater detail.

What are Field Sobriety Tests in Florida?

There are a number of field sobriety tests an officer may ask you to submit to. These include standing on one leg, following an object such as a pen or light with your eyes, or walking in a straight line. You are under no legal obligation to submit to these tests and will not lose your driver’s license or face other penalties for refusing them.

Even if you refuse a field sobriety test, the officer may believe there is still enough evidence of impairment without them. If this is the case, they may ask you to submit a breath, blood, or urine test. These are chemical tests and they are required by law. Under the implied consent law in Florida, you can lose your driver’s license and face other legal penalties for refusing to submit to a chemical test.

Are Field Sobriety Tests Reliable?

One of the biggest reasons to refuse field sobriety tests is because the results can only be used against you. They are not scientific and the results are largely subjective to the officer’s own opinions, which may be biased or inaccurate. There are a number of factors that can cause a person who is not impaired to fail a field sobriety test. These include:

• Medical issues such as neurological disorders or vertigo that can make balancing challenging
• Mobility issues that can make it difficult to walk heel-to-toe or stand on one leg
• Fear, anxiety, and nervousness during a DUI stop that are similar to the signs of impairment
• Ambiguous instructions given by the officer
• Traffic noise, poor lighting, inclement weather, uneven pavement, and other environmental factors
• Bias on the part of an officer trained to watch for signs of impairment

Our DUI Lawyer in Fort Lauderdale Can Help with Your Defense

Whether you have refused field sobriety tests or have been accused of failing them, it is critical that you speak to a Fort Lauderdale DUI lawyer as soon as possible. At Haber Blank, LLP, our experienced attorneys can prepare the strong defense that will give you the best chance of beating the charges or getting them reduced to a lesser charge, such as reckless driving. Call us now at 954-767-0300 or contact us online to schedule a consultation with one of our experienced attorneys and to get the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html