Although refusing a breath, urine or blood test after an arrest for DUI can result in a driver’s license suspension pursuant to Florida Statute 316.1932 (1)(a)1.a., you are not required to agree to a field sobriety test. A field sobriety test may include one or more of the following:
- The One-Leg Stand Test: An officer will instruct the driver to stand on one leg while counting out loud beginning with one thousand. The driver continues to stand and count while the officer looks for signs of impairment such as hopping from foot-to-foot, waving of the arms, or swaying to maintain balance.
- Horizontal Gaze Nystagmus Test: While intoxicated, the naturally occurring twitching of the eyes is exaggerated. In this test, the officer is looking for this exaggerated movement and attempting to determine if the driver’s eyes are unable to follow an object smoothly.
- The Walk-and-Run Test: an officer will instruct the person to walk, heel to toe, along a straight line. The officer is watching for loss of balance, the inability to touch heel to toe, and using arms to balance.
Simply put: field sobriety tests are too subjective and are often performed illegally or without following the proper procedure. The tests are designed for failure and it is nearly impossible for you to meet law enforcement’s expectations. Quite frankly, if the officer is asking you to do these tests, he/she has likely already bade up his/her mind to place you under arrest for DUI. With this in mind, please know that you have the right to refuse these tests.