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About Sobriety Tests
Stuart Criminal
Defense Attorney & Lawyer, serving Stuart, Florida, Martin County,
and St. Lucie County by providing aggressive and experienced
criminal defense legal representation.
 Law
enforcement officers often give individuals who they suspect of
operating a motor vehicle while under the influence of alcohol
or drugs what is known as a
field sobriety test. The results of these tests or exercises
are completely subjective in grading to determine if you are
impaired, and by some, considered exercises of an abnormal nature.
It is the arresting officers discretion that determines
whether or not you have passed or failed the field sobriety
exercises. If you have been arrested, the officer has failed you
regardless of how well you performed. Be mindful of this before
agreeing to perform these tests.
This page is to inform you of the
various field sobriety tests, the subjectivity of those tests, and
the legal provisions regarding these test, including chemical and
physical tests.
The Walk and Turn
This is the exercise
that requires you to stand with one foot directly in front of the
other foot while the officer tells you the instructions. If you lose balance and move your feet while
listening to the instructions - one point is scored against you. If
you do not then perform the exercise flawlessly - it's another point
scored against you. Receiving 2 points is all that is needed to fail
this test.
In this test, The
Officer is looking for the following:
Balance:
Whether or not you are lifting your arms more than 6 inches from you
side.
Heel to Toe:
Whether or not you your feet touch heel to toe as you walk. Only
1/2 inch space is acceptable. In this test there are nine steps
forward, nine steps back, which gives you 18 chances to fail.
Turning Around:
In this step, the officer is required to demonstrate how you are
suppose to turn around. Often incorrectly instructed, which
leads to very few drivers doing this step correctly.
One Leg Stand
This exercise requires
the driver to stand on one leg while for 30 seconds. It is not
required that the driver count to 30, only that he hold his foot up
for thirty seconds.
In this test, The
Officer is looking for the following:
Swaying:
While there is no measuring criteria (such as 2 or 3 inches from
side to side) the officer expects you to stand perfectly still or
the officer will assess a point against you.
Using Arms for
Balance: losing your balance only once will cause almost anyone
to sway or raise their arms, which will automatically give you two
points and result in a failed sobriety test.
Hopping: If you
are unable to hop on one leg without loosing your balance, you are
on your way to failing the sobriety test.
Puts Foot Down:
If you set your foot down numerous times during this 30 second
exercise, you will fail the sobriety test.
Horizontal Gaze
Nystagmus
Also known as the
"follow the pen test.". While this test is currently not
allowed in evidence except by specially trained law enforcement
officers, it is sometimes used to establish probable cause to arrest
people for DUI. The officer holds a pen or similar object in
front of your face and asks you to follow it with your eyes. The
idea behind this test is that it will show the law enforcement
officer when your eyes start the uncontrolled shaking call nystagmus.
Chemical or
Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S.,
s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S
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Refusal:
Refusal to submit to a breath, urine, or blood test is admissible as
evidence in DUI criminal proceedings. Second or subsequent refusal
is a misdemeanor of the first degree.
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Driver License
Suspension Periods: First refusal, suspended for 1 year. Second
or subsequent refusals, suspended for 18 months.
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Commercial Driver
License Disqualification Periods: First refusal in a commercial
motor vehicle, disqualified for 1 year. Second or subsequent
refusals in a commercial motor vehicle, disqualified permanently. No
hardship reinstatement permitted.
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Forceful Withdrawal
of Blood: If necessary, blood may be withdrawn in DUI cases
involving serious bodily injury or death by authorized medical
personnel with the use of reasonable force by the arresting officer,
even if the driver refuses.
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Unconscious:
Any person who is incapable of refusal by reason of unconsciousness
or other mental or physical condition shall be deemed not to have
withdrawn his consent to such test. A blood test may be administered
whether or not such person is told that his failure to submit to
such a blood test will result in the suspension of his privilege to
operate a motor vehicle.
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Portable Alcohol
Breath Testing Devices: Authorized by s.322.2616, F.S.,
for persons under the age of 21. Reading is admissible as evidence
in any administrative hearing conducted under s. 322.2616, F.S.
Contact our office
at
(772) 221-2100
to schedule a confidential, legal consultation with an
experienced DUI defense attorney & lawyer,
serving Stuart, Florida, Martin County,
and St Lucie County Florida.
Our office is
conveniently located near the Martin County Courthouse, and we can
be contacted 7 days a week.
As a law firm which provides professional DUI defense legal services, we are experienced,
prepared, and well qualified to represent you in
even the most difficult of legal challenges you may
be facing. We are well versed in
driving under the influence and criminal
law
and know how to apply the law to your specific
legal needs and goals.
If
you require professional legal advice and
representation regarding
DUI Charges or other Criminal Defense
legal issues, contact our office at
(772) 221-2100
to schedule a confidential, legal consultation with an
experienced attorney & lawyer.
In addition to our DUI
Defense legal services, Mr. Kaplow also provides legal services in the following areas
of criminal defense law:
Stuart Criminal
Defense Attorney & Lawyer, serving Stuart, Florida, Martin County,
and St. Lucie County by providing aggressive and experienced
criminal defense legal representation. |
