DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

Field Sobriety Exercises

 

When charged with a DUI a major component of the prosecution’s case will be testimony regarding the field sobriety exercises, more commonly known as field sobriety ‘tests.’ Florida courts do not refer to them as ‘tests’ and they are generally considered to be scientifically unreliable and are often easily challenged in court. The most common of these exercises are:

 

1.   The “one-leg” stand;

2.   The “walk and turn;” and

3.   The “horizontal gaze nystagmus” (hgn)

 

These 3 exercises have become the most common because of law enforcement’s belief that they are effective, objective and an easy method of determining impairment. The police officer(s) conducting these exercises document and record their findings on generic agency DUI forms, but unfortunately these officers are not adequately trained and they tend to document what you did wrong, not what you did right.

 

Law enforcement administers and records the results of these exercises and provides that information to the prosecution with hopes of obtaining a DUI conviction. The police officer’s report may not take into account circumstances that could have affected you performance on these exercises that is why challenging this area of the DUI investigation is important.

 

Challenging the Field Sobriety Exercises

 

Field Sobriety Tests have been successfully challenged on the following grounds:

1. Physical limitations, injury or physical abnormalities or defects that might affect your speech, physical abilities, coordination or balance;

2. Fatigue, nervousness or emotional distractions;

3. Failure to inform you that you had to take these tests;

4. Failure to conduct tests fairly in an area without distracting traffic;

5. Failure to conduct the tests in a well lit dry level area;

6. Police forcing you to take the test;

7. Failure to overlook glasses or contacts, and prosthetics;

8. Temperature, wind condition and rain and time of day;

9. Lack of Police officer’s training and experience

   1. Did the Police properly explain and demonstrate each individual test?

   2. Did the Police take into account your age and weight?

   3. Did the Police properly document the tests done well?

 

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. It is always best to consult a Florida criminal defense lawyer about your legal rights and responsibilities regarding your particular case

 

Consult With an Experienced Orlando and Kissimmee DUI Attorney

 

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases it is vitally important that you obtain representation from a lawyer experienced in defending, not prosecuting these types of crimes.

 

If you have been arrested and charged with a DUI or other criminal offense contact Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.

 

The Central Florida DUI defense law firm of Corzo and Kohrs exclusively limits their practice to defending clients charged with criminal offenses including DUI and other crimes throughout central Florida, including clients from Orange County, Osceola County, Seminole County, Polk County, and Pinellas County and in cities such as Orlando, Kissimmee, St. Cloud, Poinciana, Celebration, Hunter’s Creek, Ocoee, Oviedo, Avalon Park, Windermere, Altamonte Springs, Baldwin Park, Clermont, Winter Park, St. Petersburg, Seminole, Clearwater, including clients from schools such as University of Central Florida UCF, University of South Florida USF, Valencia Community College, Full Sail, and other Central Florida schools. Florida DUI Attorney Will Corzo and Sam Kohrs are available 24 hours a day and on weekends and holidays.