Can Field Sobriety Tests Be Challenged in a Florida Dui Case?
If you have been pulled over in Florida on suspicion of driving under the influence (DUI), chances are the officer asked you to perform field sobriety tests (FSTs). You may have been asked to perform tests like walking in a straight line and turning or standing on one leg to assess if you were impaired. However, these tests are not always perfect and can actually be challenged in a Florida DUI case. Let’s explore how you can contest field sobriety tests in Florida.
What Are Field Sobriety Tests?
Field sobriety tests are physical and mental exercises conducted by law enforcement officers to assess if a driver is impaired by drugs or alcohol. In Florida, these tests typically comprise one-leg stand, walk-and-turn, and the horizontal gaze nystagmus. FSTs require skills in balance, coordination, and attention, which can be affected if impaired. However, other non-alcohol-related factors such as fatigue, medical conditions, mental state, and the officer’s training can affect one’s performance in FSTs, casting doubt on their reliability and can therefore be challenged.
Florida DUI Case Example
When conducting FSTs, proper procedure has to be followed, without which a case can be challenged. For instance, in the State v. Meador case, the Florida Supreme Court emphasized the need for law enforcement officers to adhere to the National Highway Traffic Safety Administration (NHTSA) guidelines. The defendant, Meador, challenged the admissibility of field sobriety test results, arguing that the officers failed to follow established protocols when administering tests such as the walk-and-turn, one-leg stand, and finger-to-nose exercises. The court ruled that failure to comply with NHTSA standards could render the test results inadmissible as evidence.
Strategies for Challenging Field Sobriety Tests
Here are five strategies your Florida DUI lawyer may use to challenge a DUI may include:
- Failure To Follow Proper Procedure
Law enforcement officers must adhere to strict guidelines when conducting field sobriety tests. If an officer deviates from proper procedures, a defense attorney can argue that the results are unreliable and should not be used as evidence. This can significantly weaken the prosecution case and provide grounds for a reduction or dismissal of the charges.
- Lack of Proper Training
Field sobriety tests require specific training to ensure they are administered accurately. If an officer conducts the FSTs without specific training or certification, your attorney could argue that the results are unreliable and, therefore, inadmissible.
- Inaccurate Instructions
Field sobriety tests rely on the driver receiving clear and undesirable instructions. If an officer provides confusing directions, you may end up performing poorly for reasons unrelated to impairment. In such a case, your defense attorney can challenge the validity of the test results.
- Physical and Medical Conditions
Certain physical or medical conditions, such as injuries, disabilities, and neurological disorders, can lead to poor performance on field sobriety tests. If the officer failed to account for these conditions, the defense can argue that the test results wrongly indicated impairment.
- Environmental Factors
Environmental factors such as uneven pavement, poor lighting, bad weather, or heavy traffic can also affect one’s performance of FSTs, resulting in inaccurate test results. A defense attorney can argue that these conditions rendered the test results unreliable and should be excluded as evidence.
Contact Our Orlando DUI Lawyer Today
If you are facing a DUI charge in Florida, let our skilled Orlando DUI lawyer at Joshi Law Firm, PA, help you develop a powerful defense strategy and protect your rights. Contact us at 844-GO-JOSHI or online today to schedule a consultation.
Source:
case-law.vlex.com/vid/state-v-meador-no-886118564
