Fort Lauderdale Criminal Attorney Blog
Field sobriety tests (FSTs) are a common tool used by Fort Lauderdale law enforcement officers to determine whether a driver is impaired. These tests are often administered roadside after an officer pulls over a driver they suspect of driving under the influence (DUI). However, the accuracy and reliability of these tests are not as solid as they may seem. As a Fort Lauderdale criminal defense lawyer, I see firsthand the limitations of FSTs, which can be affected by numerous factors unrelated to alcohol. Understanding these limitations and possible defense strategies can be crucial to protecting your rights if you’re facing a DUI charge based on field sobriety test results.
Types of Field Sobriety Tests
There are three main types of standardized field sobriety tests that Fort Lauderdale officers use, which were developed by the National Highway Traffic Safety Administration (NHTSA):
- Horizontal Gaze Nystagmus (HGN) – During this test, the officer asks the driver to follow a small object, like a pen, with their eyes. The officer looks for involuntary jerking of the eyes, which is believed to be more pronounced when someone is under the influence of alcohol.
- Walk-and-Turn Test – This test requires the driver to take nine steps, heel-to-toe, along a straight line, turn, and walk back in the same manner. The officer observes for signs of impairment, such as losing balance, missing steps, or failing to follow instructions.
- One-Leg Stand Test – Here, the driver must stand on one leg with the other about six inches off the ground while counting aloud. The officer watches for indicators of impairment, such as swaying, using arms for balance, or putting the foot down.
Limitations and Inaccuracy of Field Sobriety Tests
Field sobriety tests are subjective and can often yield inaccurate results. While these tests may be standardized, they are still susceptible to human error, environmental factors, and the physical condition of the driver.
Some common limitations and inaccuracies that can arise:
- Physical and Medical Conditions: Certain medical conditions, such as inner ear disorders, neurological issues, or physical injuries, can mimic signs of impairment, leading to inaccurate results. For example, someone with vertigo may struggle with balance during the one-leg stand test, even if they are not impaired.
- Environmental Factors: Uneven road surfaces, weather conditions, poor lighting, and nearby traffic can all affect the accuracy of field sobriety tests. If the walk-and-turn test is performed on an uneven surface, a sober person may have difficulty maintaining their balance.
- Officer Interpretation: FSTs rely heavily on an officer’s interpretation of the driver’s performance. Officers may unintentionally misinterpret a driver’s actions, particularly if they expect impairment. Small errors, like missing a step or swaying slightly, may be noted as signs of intoxication even when they aren’t.
In the landmark case of State v. Taylor, 648 So. 2d 701 (Fla. 1995), the Florida Supreme Court recognized that field sobriety tests are not scientifically reliable for determining intoxication and that these tests must be corroborated by other evidence to hold up in court. This case underscores that FSTs alone do not definitively prove impairment and may be challenged in a South Florida courtroom.
Defense Strategies for Challenging Field Sobriety Tests
An experienced criminal defense attorney in Fort Lauderdale can employ a variety of strategies to challenge field sobriety test results in DUI cases.
Some common criminal defense strategies: Continue reading
