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Am I Allowed to Refuse a Field Sobriety Test?

Blog 2017 November Am I Allowed to Refuse a Field Sobriety Test?
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Am I Allowed to Refuse a Field Sobriety Test?

Posted By Stepniak & Park || 21-Nov-2017

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:

  • The 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.
  • In the 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
  • Fatigue
  • Tight or loose clothing
  • Anxiety
  • Poor weather or road conditions
  • Traffic
  • 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) 253-4750 or contact us online.

Categories: DUI

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Daytona Beach, FL 32114

Toll Free: (877) 256-4750
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Satellite Office: Deland/Deltona

120 S. Woodland Blvd.
2nd Floor

DeLand, FL 32720
Toll Free: (877) 256-4750
Local: (386) 734-7373
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    150 S. Palmetto Ave., Suite 100
    Daytona Beach, FL 32114
    Toll Free: (877) 256-4750
    Local: 386-253-4750

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    120 S. Woodland Blvd.
    2nd Floor
    DeLand, FL 32720
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