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

The Exercises

THE ONE LEG STAND

In order for the One-Leg Stand test to be properly administered the law enforcement officer MUST:

1. Tell the subject to stand with feet together, and arms at side;

2. Tell the subject not to start the test until instructed to do so;
3. Ask the subject if they understand;
4. Tell the subject to stand on one foot, with the other foot held straight about six inches off the ground, toes pointed forward and parallel to the ground;
5. Demonstrate the stance;
6. Tell the subject to count from 1 to 30, by thousands;
7. Demonstrate the count for several seconds;
8. Ask the subject whether they understand; if not, re-explain whatever is not understood;
9. Tell the subject to begin;
10. Allow the subject to resume the test at the point of interruption, should the subject stop or put the foot down, and not require that the count begin again at "one thousand and one".

During the test, officers are trained to look for the following validated clues as signs of impairment:

1. Were you swaying?
2. Did you or were you putting your foot down?
3. Were you hopping?
4. Did you raise your arms from your sides (6 inches or more)?

Standardized Scoring of One-Leg Stand

The test is to be scored objectively, giving one point for each indicia (clues indicated above) of intoxication. Importantly, only one point is to be given per indicia regardless of the number of times that indicia manifests itself. For example, even if a suspect hops four times during the test, his score would only be a one. It is also imperative to recognize that points are only to be given for those indicia specified by NHTSA. Officers are encouraged to make a note of other signs of intoxication, but are only to score the test as to those indicia specified by NHTSA. If a suspect exhibits 2 indicia of intoxication on the One Leg Stand, he fails the test. However, many officers do not employ this objective method of scoring. Instead, if a suspect does not perform up to the officer's expectations, he is arrested. If the officer in your case graded you subjectively, experienced Orlando DUI attorney Will Corzo or Sam Kohrs can bring to light the fact that although an objective, nationally approved method for scoring a suspect's performance on this test is possible, this officer decided that his personal impression of the suspect's faculties was more reliable. This deviation from the national standards often results in jurors not believing the arresting officer's version of the facts.

THE WALK AND TURN Exercise

The Walk and Turn exercise requires that the officer:

1. Always begin by having the subject assume the heel-toe stance;
2. Verify that the subject understands that the stance is to be maintained while the instructions are given;
3. Cease giving instructions if the subject breaks away from the stance, and have the subject resume the stance before continuing;
4. Tell the subject that they will be required to take 9 heel-to-toe steps down the line, to turn, and to take 9 heel-to-toe steps up the line;
5. Demonstrate several heel-to-toe steps;
6. Demonstrate the turn;
7. Tell the subject to keep the arms at the sides, to watch the feet, to count the steps aloud, and not stop walking until the test is completed;
8. Ask the subject whether they understand; if not, re-explain whatever is not understood;
9. Tell the subject to begin;
10. Allow the subject to resume from the point of interruption, and not from the beginning, should the subject stagger or stop.

During the test, officers are trained to look for the following validated clues as signs of impairment:

1. Did you lose balance during the instructions (breaking away from the heel-toe stance)?
2. Did you start walking too soon?
3. Did you stop while walking?
4. Did you miss any heel-to-toe steps while walking (misses by at least one-half inch)?
5. Did you raise your arms while walking (at least six inches or more) from side while walking?
6. Did you step off the line?
7. Did you turn improperly?
8. Did you take the wrong number of steps?

*Standardized Scoring

A point is to be given for each indicia (clue) manifested by the suspect. As with the one leg stand, a score of 2 is unsatisfactory.

THE HORIZONTAL GAZE NYSTAGMUS TEST

The Horizontal Gaze Nystagmus (HGN)(pronounced nuh-stag-mus) is essentially a measurement of eye movement. Nystagmus means a jerking of the eye.  A person under the influence of alcohol will often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes.

The jerking of the eye is measured three different ways. The first is to measure the angle of onset of the nystagmus. By measuring the angle at which the eye begins jerking, an officer can, theoretically, roughly estimate BAC. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles (less than 45 degrees).  So in other words, according to the NHTSA, an impaired person’s eyes will jerk more often while the person is looking straight ahead and slightly right or left than a sober person’s eyes would.

The second method is to determine whether the nystagmus becomes more "distinct" when the eye is moved to a lateral extreme.  In other words, under non-impaired circumstances the jerking of the eye should be become much more prominent when the person follows the officer’s pen or flashlight to the extreme right or left. While an impaired person’s eyes may be jerking consistently throughout the test. The third technique is to look for a lack of "smooth pursuit"; that is, rather than following a moving object smoothly, the eye jumps or tugs.

To administer the test, the officer is to:

1. Hold the stimulus (usually flashlight or pen)12-15 inches in front of the subject's face.
2. Keep the tip of the stimulus slightly above the subject's eyes.
3. Always move the stimulus smoothly.
4. Always check for all 3 clues in both eyes.
5. Check the clues in this sequence-lack of smooth pursuit; distinct nystagmus at maximum deviation; onset of nystagmus prior to 45 degrees.
6. Always check for each clue at least twice in each eye.

The law enforcement officer looks for only three clues:

1. Lack of smooth pursuit;
2. Distinct nystagmus at maximum deviation;
3. Onset of nystagmus prior to 45 degrees.

A point is to be given for each indicia manifested by the suspect. As there are six clues (three for each eye) of HGN, a score of 4 is unsatisfactory.

NOTE: Sometimes, an officer will encounter a disabled driver who cannot perform one of the Field Sobriety Tests just mentioned. In such cases, other tests such as counting aloud, reciting the alphabet or finger dexterity tests (i.e. touching your finger to nose) may be administered.  

** Disclaimer : The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult an Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando 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 an Orlando DUI 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.