How Field Sobriety Tests Are Challenged in Court
If you’ve been pulled over on suspicion of drunk driving, chances are you were asked to perform a field sobriety test. And if you’re reading this, you may be wondering: can those results really be used against me? The answer is yes, but that doesn’t mean they can’t be challenged. Understanding how field sobriety tests work, and where they fall short, is an important first step in building a strong DUI defense.
What Field Sobriety Tests Actually Measure
Law enforcement officers in Florida most commonly use three standardized tests developed by the National Highway Traffic Safety Administration (NHTSA): the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. Together, these are known as the Standardized Field Sobriety Tests (SFSTs). According to the NHTSA, when all three tests are used together and administered correctly, they are estimated to identify impairment with roughly 91% accuracy.
That leaves a meaningful margin for error, and defense attorneys know exactly where to look for it.
Where These Tests Can Go Wrong
Field sobriety tests are not foolproof. In fact, there are numerous legitimate reasons a sober person might perform poorly on them. Some of the most common challenges raised in court include:
- Improper administration: Officers must follow specific NHTSA protocols when conducting these tests. Deviations from the standardized instructions can invalidate the results.
- Medical conditions: Inner ear disorders, neurological conditions, knee or back injuries, and vision problems can all affect a person’s performance on balance and coordination tests.
- Environmental factors: Poor lighting, uneven road surfaces, inclement weather, and even uncomfortable footwear can cause someone to stumble or lose balance, with no alcohol involved.
- Officer subjectivity: Unlike a breathalyzer, field sobriety tests rely heavily on an officer’s personal observations and judgment. Two officers watching the same performance might reach different conclusions.
- Lack of proper training: Officers must be certified to administer SFSTs. If the administering officer was not properly trained or their certification had lapsed, that becomes grounds to challenge the test.
The Role of Florida Law
Under Florida Statute § 316.193, a person can be charged with DUI if they are driving while impaired to the extent that their normal faculties are affected. Field sobriety test results are often a key piece of evidence prosecutors use to establish impairment. However, the statute does not define a specific field sobriety test performance threshold, which means the interpretation of those results is open to scrutiny.
Defense attorneys may challenge whether the officer had a valid reason to stop the vehicle in the first place, whether the tests were properly administered, and whether there are alternative explanations for the observed behavior. All of these arguments can significantly affect how or whether sobriety test results are presented to a jury.
Contact Us to Fight Your Charges
Being charged with a DUI does not automatically mean a conviction. If you or someone you love is facing DUI charges in the Kissimmee area, the right legal representation can make all the difference. Kissimmee and Orlando DUI defense attorneys at Salazar & Kelly Law Group, P.A. know how to scrutinize the evidence against you, challenge the validity of field sobriety tests, and fight for the best possible outcome in your case. We encourage you to reach out to us today for a free initial consultation. Let us put our experience to work for you.
Sources:
nhtsa.gov/risky-driving/drunk-driving
flsenate.gov/Laws/Statutes/2023/316.193
