Admissibility Of Field Sobriety Test Results To Prove Impairment

A DUI investigation usually includes field sobriety testing, administered by a police officer. The U.S. Department of Transportation's National Highway Traffic Safety Administration developed these tests to gauge impairment in a standardized and scientifically reliable manner. The more commonly known field sobriety tests are the walk and turn test, the one-legged stand test, the alphabet test, the finger to nose test and the horizonal gaze nystagmus test.

If you have been arrested for a DUI and charged, a big issue in your case is whether your field sobriety tests can be used against you by the State to provide your impairment. The manner in which the police officer began the DUI investigation and conducted the field sobriety tests will determine whether your defense attorney can use the facts of the investigation and arrest to dispute entry of the test results into evidence.

In general, Florida law permits field sobriety test results to be considered as evidence to show a defendant was guilty of a DUI. Specifically, the test results are considered relevant to establish the driver was impaired. Depending on the individual facts of your DUI case, a criminal defense attorney might be able to raise objections to the admission of your field sobriety test results into evidence.

Florida law dictates that, unless the suspect voluntarily consents to undergoing field sobriety testing, a law enforcement officer must possess reasonable suspcicion that an individual is under the influence prior to administering field sobriety tests. In general, Florida law enforcement is not required to inform a suspect of his or her right to refuse to do field sobriety testing. However, Fourth Amendment privacy issues may factor into the investigation, depending on how the officer stopped and detained the vehicle and suspect. These can include a court challenge in the form of a motion to suppress the stop of the vehicle or a motion to suppress the evidence due to unlawful detainment or lack of reasonable suspicion of a DUI. Your defense attorney may also be able to argue that the investigating officer lacked the requisite training and qualifications to perform the investigation in a motion to suppress.

Once your field sobriety test results are considered to be admissible evidence, it is still an open question whether they will convince a jury of guilt. Despite that field sobriety tests are considered to be scientifically sound, a skilled defense attorney can bring many challenges to the reliability of such test results in an effort to discredit their reliability.