Daytona Beach DUI Defense Lawyer
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
One of the most common questions people ask after a DUI arrest is:
“I failed the field sobriety exercises. Now what?”
Many people assume that once they fail roadside sobriety tests, their DUI case is over.
That is simply not true.
In reality, failing field sobriety exercises does not automatically mean:
- You will be arrested.
- You will be convicted.
- You were legally impaired.
- The State can prove its case.
Field sobriety exercises are only one part of a DUI investigation.
They are not scientific proof of intoxication.
They are not a substitute for a breath test or blood test.
And they are often challenged successfully in Florida DUI cases.
At the Law Offices of Patrick J. McGeehan, P.A., we carefully examine field sobriety evidence in every DUI case.
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.
What Does It Mean To “Fail” Field Sobriety Exercises?
The first thing to understand is that field sobriety exercises do not produce a true pass-or-fail score.
There is no computer.
There is no machine.
There is no official grade.
Instead, the officer observes performance and looks for what are called “clues.”
The officer then decides whether those clues suggest possible impairment.
When officers say a driver “failed” the exercises, what they usually mean is:
The officer observed enough clues to support further DUI investigation.
That is the officer’s opinion.
It is not proof of guilt.
The Three Standardized Field Sobriety Exercises
Most DUI investigations involve 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 exercise has limitations.
Each exercise may be challenged.
Related Pages:
Horizontal Gaze Nystagmus (HGN) Test
Walk-And-Turn Test
One-Leg Stand Test
Does Failing The Exercises Mean I Will Be Arrested?
Not necessarily.
However, many officers use field sobriety performance when deciding whether probable cause exists for an arrest.
If the officer believes:
- Clues are present
- Alcohol is involved
- Impairment exists
the officer may decide to make an arrest.
That said, arrests are based on the totality of the circumstances.
The exercises are only one factor.
Officers Consider More Than The Exercises
When deciding whether to arrest, officers may also consider:
- Driving behavior
- Odor of alcohol
- Admissions of drinking
- Bloodshot eyes
- Slurred speech
- Witness statements
- Vehicle crashes
The exercises are only one piece of the puzzle.
Can You Fail The Exercises While Completely Sober?
Absolutely.
Many sober people perform poorly on field sobriety exercises.
Examples include people who have:
- Medical conditions
- Prior injuries
- Balance issues
- Anxiety
- Fatigue
Poor performance does not automatically establish impairment.
Medical Conditions Frequently Affect Performance
Many medical conditions may cause a person to perform poorly.
Examples include:
- Arthritis
- Vertigo
- Neuropathy
- Diabetes
- Knee injuries
- Hip injuries
- Back injuries
- Inner ear disorders
These conditions frequently become important defense issues.
Related Page:
Field Sobriety Exercises And Medical Conditions
Age Can Affect Performance
Field sobriety exercises were not designed with every individual in mind.
Many older adults naturally experience:
- Reduced balance
- Reduced flexibility
- Joint stiffness
- Slower reaction times
A poor performance may simply reflect age rather than impairment.
Weight And Physical Condition Matter
The exercises place physical demands on participants.
Factors affecting performance may include:
- Weight
- Physical fitness
- Flexibility
- Athletic ability
These factors have nothing to do with alcohol consumption.
Anxiety Can Cause Poor Performance
Most people are nervous during a traffic stop.
Many drivers experience:
- Fear
- Confusion
- Stress
- Difficulty concentrating
Those emotions may affect performance on roadside exercises.
What Happens After The Officer Decides You Failed?
The officer may:
Continue The Investigation
The officer may ask additional questions.
Request A Breath Test
The officer may request chemical testing after arrest.
Make An Arrest
The officer may conclude probable cause exists.
Request Blood Testing
In some cases, blood testing may be requested.
The specific course of action depends on the circumstances.
What Happens After Arrest?
Following arrest, the officer may:
- Transport the driver
- Request chemical testing
- Complete reports
- Submit evidence to prosecutors
The case then moves into the criminal justice system.
Can You Still Win Your DUI Case?
Absolutely.
Many DUI cases involve allegations that the driver failed field sobriety exercises.
Many of those cases are still:
- Dismissed
- Reduced
- Suppressed
- Won at trial
The existence of field sobriety clues does not guarantee conviction.
Body Camera Video Frequently Changes The Analysis
Police reports often summarize field sobriety performance in only a few sentences.
Body camera footage frequently tells a more complete story.
Questions often include:
- Were instructions clear?
- Did the officer properly score the exercises?
- Were medical conditions discussed?
- Were environmental factors affecting performance?
Video evidence often becomes critical.
Officers Can Make Mistakes
Field sobriety exercises are subjective.
The officer decides:
- Which clues exist
- Whether clues are significant
- Whether impairment exists
Because human judgment is involved, mistakes can occur.
Common Defenses After Allegedly Failing Field Sobriety Exercises
Potential defenses may include:
Medical Conditions
Prior Injuries
Improper Instructions
Poor Road Conditions
Fatigue
Anxiety
Prescription Medications
Officer Error
Constitutional Violations
Every case is different.
Failing Field Sobriety Exercises Does Not Mean The Evidence Is Reliable
The officer’s opinion is not automatically correct.
Questions frequently include:
- Was the test administered properly?
- Was the officer properly trained?
- Did medical conditions affect performance?
- Was the officer’s interpretation accurate?
These issues are often explored during litigation.
What If You Refused The Exercises?
Many people choose not to perform field sobriety exercises.
In Florida, field sobriety exercises are generally voluntary.
Refusing the exercises creates a different set of legal issues.
Related Page:
Can You Refuse Field Sobriety Exercises In Florida?
Field Sobriety Exercises And DUI Trials
Many DUI trials involve extensive testimony regarding field sobriety exercises.
Jurors frequently learn:
- The exercises are subjective.
- The officer assigns the clues.
- Alternative explanations often exist.
- Physical limitations matter.
The prosecution’s interpretation is not always the only reasonable interpretation.
Related Page:
DUI Jury Trial Lawyer
Frequently Asked Questions
Does Failing Field Sobriety Exercises Mean I Am Guilty?
No.
The exercises are only one piece of evidence.
Will I Be Arrested If I Fail?
Possibly.
The officer may use the exercises as part of the probable cause determination.
Can Medical Conditions Cause Someone To Fail?
Absolutely.
Many legitimate conditions affect performance.
Can A Sober Person Fail Field Sobriety Exercises?
Yes.
Many factors unrelated to alcohol may affect performance.
Can A DUI Be Won Even If The Officer Says I Failed?
Yes.
Many DUI defenses focus on weaknesses in field sobriety evidence.
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 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.
A Career Dedicated To Challenging DUI Evidence
Every DUI case raises important questions.
Did the driver actually fail?
Were the exercises administered properly?
Did medical conditions affect performance?
Can the State prove impairment beyond a reasonable doubt?
Patrick has spent decades evaluating 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 protecting the rights of the accused.
That same commitment guides every DUI defense today.
Contact A Daytona Beach DUI Defense Lawyer
If an officer claims you failed field sobriety exercises, do not assume the case is over.
The officer’s opinion is not the final word.
The circumstances matter.
The evidence matters.
The law 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