Attacking DUI Field Sobriety Exercises
Tampa DUI Lawyer on Roadside Agility Exercises
In almost every DUI case in Tampa, Hillsborough County, Florida, the officer will request that the driver submit to certain roadside agility tests or field sobriety exercises. The test are entirely voluntary. In other words, you do not have to take the field sobriety exercises. Since the exercises are designed to assist the officer's testimony at a DUI trial, there is almost never an advantage to taking the tests.
The field sobriety exercises are highly unreliable. Although the exercises are referred to as "standardized," the tests are subject to such variables as the driver's weight, athletic ability, medical disabilities, and age. Testing conditions such as the emotional state of the driver, fatigue, proximity to passing traffic on the roadway, and unfamiliarity with the sobriety exercises all make the test unreliable.
If you have been arrested for DUI and need more information on how the Field Sobriety Exercises might effect your DUI prosecution, contact a Tampa DUI Attorney at the Sammis Law Firm to discuss your case today. Call 813-250-0500 to schedule a phone or office consulation to discuss the facts of your particular case.
The most commonly used roadside agility tests in Florida include the following:
- Eye test or HGN (Horizontal gaze nystagmus test);
- Finger to nose exercise;
- Walk and turn exercise; and
- One legged stand exercise.
For many people, certain factors can cause them to "fail" the test or show signs of impairment that have nothing to do with the consumption of alcohol or any controlled substance. Those issues can include:
- Medical problems that effect balance or coordination;
- Individuals over a certain age are at a clear disadvantage in taking the field sobriety exercises in Florida;
- Women charged with DUI who are wearing high healed shoes, or any individual who is wearing flip flops can be at a huge disadvantage
- Individuals who have hearing problems and can not hearing the instructions for the field sobriety exercises re at a distinct disadvantage;
- Individuals for whom English is not their primary language are at a disadvantage in understanding the instructions for the field sobriety exercises.
In many of these cases, your Tampa DUI Attorney can show that the officer did not administer or grade your performance on the Field Sobriety Exercises correctly.