Under Florida’s implied consent laws, you are legally required to
submit to chemical testing if you are pulled over for suspicion of driving
under the influence. If you refuse, your driver’s license is immediately
suspended and you may still be arrested and charged with a DUI. However,
implied consent doesn’t apply to field sobriety tests.
Field Sobriety Test
The standardized field sobriety test is a battery of 3 tests performed
during a traffic stop to determine if a driver is impaired. Below are
the three different parts:
horizontal gaze nystagmus (HGN) test involves an officer observing a suspect as their eyes follow a slowly
moving object, such as a pen or flashlight, in front of their face. A
drunk person will have a hard time smoothly tracking a moving object.
walk-and-turn-test, a suspect is asked to walk a straight line, touching heel-to-toe and
then return in the same manner in the opposite direction. An impaired
person usually cannot keep their balance.
Finally, there’s the
one-leg stand test, which also checks a person’s balance.
Why Should You Refuse?
As a driver, there are various factors that can negatively impact the results
of a field sobriety test, even if you’re not intoxicated. In other
words, you could fail it sober. Below are a few factors that may affect
your ability to successfully perform the field sobriety test:
- Medical condition or injury
- Tight or loose clothing
- Poor weather or road conditions
- Language barrier
If any of these factors could cause you to potentially fail the field sobriety
test, you may refuse. Your best defense in a DUI case is to avoid giving
the police evidence that can be used against you in court. If you have
been arrested for driving under the influence, contact our
Daytona Beach DUI lawyers at Law Offices of Robert Stepniak today.
Call (386) 868-4771 or contact us online.