Field Sobriety Exercises In Florida DUI Cases
Daytona Beach DUI Defense Lawyer
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
One of the biggest misconceptions in DUI cases is that field sobriety exercises are scientific tests.
They are not.
Many people believe that if they “failed” field sobriety exercises, they must be guilty of DUI.
That is not true.
Field sobriety exercises are often subjective.
They rely heavily upon the officer’s observations and interpretations.
Factors unrelated to alcohol or drugs can affect performance, including:
- Age
- Weight
- Fatigue
- Anxiety
- Medical conditions
- Physical injuries
- Weather conditions
- Roadway conditions
- Footwear
The reality is that completely sober individuals sometimes perform poorly on field sobriety exercises.
At the Law Offices of Patrick J. McGeehan, P.A., we carefully evaluate every aspect of a DUI investigation, including field sobriety exercises.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, police instructor, traffic homicide investigator, and homicide detective.
He understands how field sobriety exercises are administered because he participated in DUI investigations himself.
Today, he uses that experience to challenge DUI allegations and protect his clients’ rights.
What Are Field Sobriety Exercises?
Field sobriety exercises are physical and mental tasks officers often ask drivers to perform during a DUI investigation.
The purpose of these exercises is to help officers determine whether probable cause exists to make an arrest.
Importantly, drivers are not required to “pass” these exercises beyond a reasonable doubt.
The exercises are simply one piece of evidence among many.
Why Officers Use Field Sobriety Exercises
During a DUI investigation, an officer may observe:
- Driving behavior
- Physical appearance
- Speech patterns
- Balance
- Coordination
Field sobriety exercises are often used to gather additional observations.
Officers typically look for what they consider signs of impairment.
The problem is that many of these alleged signs may have perfectly innocent explanations.
Are Field Sobriety Exercises Mandatory?
In most Florida DUI investigations, field sobriety exercises are voluntary.
Many drivers do not realize this.
They often assume they are legally required to perform the exercises.
Unlike breath testing under certain circumstances, field sobriety exercises generally cannot be physically compelled.
The decision whether to participate should be made carefully based upon the circumstances of the encounter.
The Three Standardized Field Sobriety Exercises
Law enforcement agencies commonly rely upon three exercises developed through federal DUI training programs.
Horizontal Gaze Nystagmus (HGN)
This exercise involves observing a person’s eyes as they follow an object.
The officer looks for involuntary eye movements that may be associated with alcohol consumption.
Officers are trained to evaluate specific observations during the examination.
However, many factors other than alcohol can affect eye movement.
Examples may include:
- Medical conditions
- Neurological issues
- Certain medications
- Fatigue
- Head injuries
The HGN test is often one of the most heavily litigated aspects of a DUI investigation.
Walk-And-Turn
The Walk-And-Turn exercise requires a person to:
- Take several heel-to-toe steps
- Turn
- Return in the opposite direction
Officers are trained to look for specific indicators.
However, performance may be affected by:
- Age
- Weight
- Knee problems
- Back injuries
- Poor balance
- Uneven pavement
- Improper footwear
- Nervousness
A person can appear awkward without being impaired.
One-Leg Stand
The One-Leg Stand requires a person to stand on one foot while counting.
The exercise evaluates balance and coordination.
Unfortunately, many factors unrelated to alcohol may affect performance.
Examples include:
- Leg injuries
- Foot problems
- Inner ear issues
- Obesity
- Fatigue
- Age
Even healthy individuals sometimes struggle with this exercise.
Non-Standardized Exercises
Many officers utilize additional exercises that are not part of standardized DUI testing protocols.
Examples may include:
- Alphabet recitation
- Counting exercises
- Finger dexterity exercises
- Touching fingers to the nose
- Balance exercises
These exercises often involve even greater levels of subjectivity than standardized exercises.
Their reliability may be challenged in appropriate cases.
Why Sober People Fail Field Sobriety Exercises
Many people are surprised to learn that sober individuals sometimes perform poorly.
Imagine the circumstances.
You are stopped by police.
Emergency lights are flashing.
Traffic is passing nearby.
An officer is watching every movement.
You are nervous.
You may be standing on uneven pavement at night.
Under those conditions, many perfectly sober individuals struggle.
Poor performance does not automatically equal impairment.
Common Factors That Affect Performance
Anxiety And Nervousness
Most people become nervous during a traffic stop.
That nervousness can affect:
- Balance
- Coordination
- Concentration
- Ability to follow instructions
Medical Conditions
Numerous medical issues may affect performance, including:
- Vertigo
- Inner ear disorders
- Back injuries
- Knee injuries
- Neurological conditions
- Diabetes
Age
Older individuals often have difficulty performing exercises designed for younger persons.
Weight
Balance and coordination exercises may become more difficult as body weight increases.
Fatigue
Exhaustion can significantly affect performance even in completely sober individuals.
Roadway Conditions
Exercises are frequently performed:
- On uneven pavement
- Near traffic
- In poor lighting
- During bad weather
These factors may influence performance.
Officer Subjectivity
One of the greatest criticisms of field sobriety exercises is their reliance on officer interpretation.
The officer decides:
- Whether instructions were followed
- Whether balance was maintained
- Whether clues were present
- Whether performance was satisfactory
Different officers may reach different conclusions when observing the same performance.
Video evidence often becomes important when evaluating these issues.
Video Evidence In DUI Cases
Modern DUI investigations frequently involve:
- Body cameras
- Dash cameras
- Booking room video
Video recordings often allow juries to evaluate performance for themselves.
In some cases, video evidence may differ significantly from the officer’s written report.
Video review is frequently one of the most important aspects of DUI defense.
Common Defenses To Field Sobriety Exercise Evidence
Every case is unique.
Potential issues may include:
Improper Instructions
The officer may have failed to properly explain the exercise.
Improper Demonstrations
The exercise may not have been demonstrated correctly.
Medical Conditions
The driver’s physical condition may have affected performance.
Environmental Conditions
Roadway conditions may have contributed to poor performance.
Officer Error
The officer may have improperly scored or interpreted the exercise.
Constitutional Issues
Legal challenges may exist regarding the stop, detention, or arrest.
Field Sobriety Exercises And Probable Cause
Field sobriety exercises are frequently used to establish probable cause for arrest.
If the exercises were improperly administered or interpreted, probable cause may become a contested issue.
This can be a significant area of litigation in DUI cases.
Frequently Asked Questions
Can I Refuse Field Sobriety Exercises?
In many situations, field sobriety exercises are voluntary.
However, every case is different.
Are Field Sobriety Exercises Accurate?
The exercises are not perfect.
Numerous factors unrelated to alcohol can affect performance.
Will I Be Arrested If I Refuse?
Possibly.
The officer may rely upon other observations when making an arrest decision.
Can Video Evidence Help My Case?
Absolutely.
Video recordings often become critical evidence in DUI litigation.
If I Failed The Exercises, Am I Guilty?
No.
Field sobriety exercises are simply one piece of evidence.
The State must still prove its case beyond a reasonable doubt.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have participated in DUI investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn field sobriety exercises from police reports and training materials.
Patrick observed and evaluated them in real investigations.
That experience provides valuable insight when challenging DUI allegations.
A Career Dedicated To Evaluating Evidence
Every DUI case raises important questions.
Were the exercises properly administered?
Were the instructions clear?
Did medical conditions affect performance?
Did the officer fairly evaluate the results?
Patrick has spent decades examining evidence and asking those questions.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and determining the truth.
That same commitment guides every DUI defense case today.
Contact A Daytona Beach DUI Defense Lawyer
Field sobriety exercises often play a major role in DUI investigations.
Do not assume that poor performance means conviction.
Do not assume the officer’s conclusions are correct.
The facts matter.
The evidence matters.
The video matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach DUI defense lawyer can help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida