Daytona Beach DUI Defense Lawyer
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
One of the biggest misconceptions in DUI cases is the belief that poor performance on field sobriety exercises automatically means a person was impaired by alcohol or drugs.
In reality, many completely sober people perform poorly on field sobriety exercises because of legitimate medical conditions.
In fact, some of the same conditions that make daily activities more difficult can also affect balance, coordination, vision, flexibility, and concentration during a roadside DUI investigation.
This is important because police officers frequently use field sobriety exercises as evidence of impairment.
Jurors often hear testimony that a driver “failed” the exercises.
What they do not always hear is that medical conditions may provide an entirely innocent explanation for the observations.
At the Law Offices of Patrick J. McGeehan, P.A., we carefully evaluate medical issues in every DUI case involving field sobriety exercises.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He administered field sobriety exercises during his law enforcement career and later learned how to challenge them in court.
Today, he uses that experience to defend individuals charged with DUI throughout Daytona Beach, Volusia County, Flagler County, and throughout Florida.
The Problem With Field Sobriety Exercises
Field sobriety exercises are often portrayed as objective tests.
They are not.
Most field sobriety exercises rely heavily on officer observations.
The officer decides:
- Whether the instructions were followed
- Whether clues were present
- Whether performance was satisfactory
- Whether the observations indicate impairment
Many of the observations officers associate with alcohol impairment may also be caused by legitimate medical conditions.
The Three Standardized Field Sobriety Exercises
Officers commonly administer three standardized exercises:
Horizontal Gaze Nystagmus (HGN)
The officer observes eye movements.
Walk-And-Turn Test
The driver walks heel-to-toe along a straight line.
One-Leg Stand Test
The driver balances on one foot while counting aloud.
Each of these exercises may be affected by medical issues.
Related Pages:
Horizontal Gaze Nystagmus (HGN) Test
Walk-And-Turn Test
One-Leg Stand Test
Why Medical Conditions Matter
The field sobriety exercises were designed to evaluate:
- Balance
- Coordination
- Divided attention
- Eye movements
Many medical conditions affect those exact same functions.
As a result, a completely sober driver may display observations that an officer mistakenly attributes to alcohol or drug impairment.
Back Injuries
Back injuries are one of the most common issues encountered in DUI cases.
Drivers suffering from:
- Herniated discs
- Sciatica
- Degenerative disc disease
- Chronic back pain
may struggle with:
- Standing on one foot
- Walking heel-to-toe
- Maintaining balance
Poor performance does not necessarily indicate impairment.
Knee Problems
Knee conditions frequently affect field sobriety performance.
Examples include:
- Torn meniscus
- ACL injuries
- Arthritis
- Prior knee surgery
Balancing on one foot may be difficult or impossible for some individuals.
Hip Problems
Hip conditions may significantly affect balance and coordination.
Examples include:
- Hip replacements
- Hip arthritis
- Labral tears
- Chronic hip pain
These conditions may influence performance on both the Walk-and-Turn and One-Leg Stand exercises.
Arthritis
Many older adults suffer from arthritis.
Arthritis may affect:
- Balance
- Flexibility
- Range of motion
- Coordination
The condition may create observations that officers mistakenly associate with impairment.
Vertigo
Vertigo is one of the most important medical conditions in DUI litigation.
Individuals suffering from vertigo may experience:
- Dizziness
- Balance problems
- Difficulty standing
- Difficulty walking
A sober driver with vertigo may perform poorly on field sobriety exercises despite having consumed no alcohol.
Inner Ear Disorders
The inner ear plays a major role in balance.
Conditions affecting the inner ear may cause:
- Swaying
- Balance problems
- Coordination difficulties
Officers may not recognize these medical explanations during roadside testing.
Neuropathy
Peripheral neuropathy frequently affects:
- Foot sensation
- Leg sensation
- Balance
- Coordination
The condition is especially common among older adults and individuals with diabetes.
Diabetes
Diabetes can affect field sobriety performance in several ways.
Potential symptoms include:
- Dizziness
- Fatigue
- Balance issues
- Confusion
- Vision changes
In some cases, diabetic symptoms may even resemble intoxication.
Neurological Conditions
Numerous neurological conditions may affect field sobriety exercises.
Examples include:
- Multiple sclerosis
- Parkinson’s disease
- Essential tremors
- Brain injuries
- Neurological disorders
These conditions often become important defense issues.
Prior Head Injuries
Concussions and traumatic brain injuries may affect:
- Balance
- Concentration
- Eye movements
- Coordination
The effects may persist long after the original injury occurred.
Eye Conditions And The HGN Test
Many drivers are surprised to learn that eye conditions may affect the HGN Test.
Potential issues include:
- Eye injuries
- Vision disorders
- Neurological eye conditions
- Nystagmus unrelated to alcohol
The officer may incorrectly interpret observations as signs of impairment.
Related Pages:
What Is HGN?
Can The HGN Test Be Wrong?
How Accurate Is The HGN Test?
Prescription Medications
Many legal medications may affect performance on field sobriety exercises.
Examples include medications prescribed for:
- Anxiety
- Sleep disorders
- Chronic pain
- Muscle spasms
- Depression
Poor performance does not automatically establish alcohol impairment.
Related Page:
DUI With Prescription Drugs
Age Alone Can Affect Performance
As people age, changes naturally occur in:
- Balance
- Coordination
- Flexibility
- Strength
A 70-year-old driver and a 25-year-old athlete may perform very differently despite both being sober.
Age alone may affect field sobriety performance.
Weight And Physical Fitness Matter
Many field sobriety exercises place physical demands on participants.
Factors affecting performance may include:
- Weight
- Physical condition
- Flexibility
- Athletic ability
These factors have nothing to do with alcohol consumption.
Anxiety During Traffic Stops
Many people become extremely nervous when interacting with police officers.
Symptoms may include:
- Trembling
- Difficulty concentrating
- Forgetting instructions
- Poor coordination
Anxiety may influence performance even when the driver is completely sober.
Body Camera Video Often Reveals Medical Issues
Police reports frequently summarize field sobriety performance in only a few sentences.
Body camera footage often provides a more complete picture.
Questions frequently include:
- Did the driver mention a medical condition?
- Did the officer ask about injuries?
- Did the officer consider physical limitations?
- Did the officer ignore obvious medical explanations?
Video evidence frequently becomes critical.
Should Drivers Tell Officers About Medical Conditions?
This question depends on the specific facts of the case.
However, many DUI investigations involve discussions regarding:
- Prior injuries
- Medical conditions
- Physical limitations
Those discussions often become important evidence later.
Common Defense Arguments In Medical Condition Cases
Potential defense issues may include:
Back Injuries
Knee Problems
Hip Problems
Vertigo
Inner Ear Disorders
Neuropathy
Diabetes
Neurological Conditions
Prescription Medications
Age And Physical Limitations
Every case is different.
Medical Conditions And DUI Jury Trials
Jurors often understand something important:
People are not machines.
A balance test performed on the side of a highway at night may not accurately reflect impairment.
Medical conditions frequently provide reasonable explanations for observations that officers attribute to intoxication.
Related Page:
DUI Jury Trial Lawyer
Frequently Asked Questions
Can Medical Conditions Affect Field Sobriety Exercises?
Absolutely.
Many conditions affect balance, coordination, and eye movements.
Can Arthritis Affect DUI Field Sobriety Tests?
Yes.
Arthritis frequently affects balance and mobility.
Can Vertigo Cause Someone To Fail Field Sobriety Exercises?
Yes.
Vertigo is one of the most common medical explanations for poor performance.
Can Diabetes Affect DUI Testing?
Potentially.
Diabetes may affect balance, concentration, and physical performance.
Can Medical Conditions Be Used As A DUI Defense?
They may provide important explanations for observations the officer attributed to impairment.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have administered field sobriety exercises 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 testing from police reports and courtroom testimony.
Patrick administered those exercises himself and later learned how to challenge them.
That experience provides valuable insight when evaluating DUI evidence.
Contact A Daytona Beach DUI Defense Lawyer
If you suffer from a medical condition and were arrested for DUI, do not assume poor performance on field sobriety exercises proves impairment.
Medical conditions matter.
Physical limitations matter.
The evidence matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach DUI lawyer can evaluate the evidence and help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida