With
few exceptions, every person stopped for a DUI is asked to voluntarily
submit to Field Sobriety Tests or exercises. These exercises are used
by law enforcement to gauge or determine whether a driver is under
the influence and impaired by alcohol. Often times, standardized
field sobriety tests will be the major determining factor used to make
an arrest for DUI.
What most people do not realize is that these are not “tests” at
all and are subjectively evaluated by poorly trained law enforcement.
These exercises are often incorrectly explained, demonstrated and administered
by law enforcement rendering them useless or inadmissible in court.
With 15 years experience handling Central Florida DUI cases, our highly
trained DUI defense attorneys scrutinize every aspect of your DUI
case; the initial stop of your car, field sobriety exercises, breath
test. We focus our efforts in dismissing, reducing and minimizing your
exposure to DUI penalties. Tilden Law represents clients
throughout Central Florida who are charged with DUI in Orlando
and Orange County courts. Contact us
today for a free initial case evaluation.
What are types of field sobriety exercises?
Field sobriety “tests” are standardized agility exercises
used by law enforcement to evaluate the impairment of a person suspected
of DUI. While these exercises are completely voluntary, law
enforcement usually presents them as mandatory. Because of their
inherent inaccuracy in gauging the degree of intoxication, these exercises
can often be used in a defense by a skilled DUI defense attorney.
Field sobriety exercises include the following:
- Horizontal Gaze Nystagmus HGN test - Following
or tracking an object (such as tip of pen or finger) with eyes
- Finger to Nose
- One Leg Stand
- Walk and Turn
- Rhomberg Alphabet Reciting
As part of "basic training," Florida law enforcement agencies
require each officer to complete a 40-hour DUI training session. It
is during this course work that these officers are instructed in administering
field sobriety tests.
Field Sobriety Exercises are considered "divided attention exercises" thereby
testing the ability of the individual to listen to the instructions,
understand what the instructions require and finally to perform the
exercises as instructed. The State Attorney and arresting officer
will attempt to present evidence showing non-compliance with instructions
or inability to complete these exercises to help prove DUI.
Tilden Law understands that many cases are decided almost entirely on
how well the client performed the field sobriety exercises. It is important
to note that the average officer will not be able to testify that any of these
exercises have any degree of scientific reliability.
All of these tests have a number of factors which may negatively
influence test performance and result in a false indication
of intoxication:
- The driver’s weight and age
- A pre-existing physical injury
- Weariness – Lack of Sleep
- Illness – Medication
- Physical or mental disability
- Inner ear imbalance
- Head injury
- The shoes the driver is wearing (for instance, a woman wearing
high heels)
- The officer’s unique “opinion” of the test performance
- Poor road conditions – Uneven Pavement, Heavy Traffic, Poor
Lighting
- Poor weather conditions – Rain, Wind, Temperature
Officer Training
- Amount of training and experience
- Unable to testify as to scientific reliability
- Was each exercise explained and demonstrated?
- Was age and weight of person taken into consideration?
- Were you given credit for all the things you did correctly?
DUI cases regardless of level should never be handled by
general criminal practice attorneys. It takes years of DUI
practice and specialized DUI training to properly represent
the rights of a client arrested for DUI. Attorney
N. Fleetwood Tilden is in his 15th year of criminal DUI practice
and is a former Central Florida DUI Prosecutor and has handled
over 1,000 criminal DUI cases. Contact Orlando
DUI defense firm Tilden Law for a free case evaluation.
If
you believe that some or all of these above listed factors occurred
in your case, there may be an opportunity to resolve your case
with a dismissal of your DUI or reduction of your charge. Tilden
Law uses its resources and experience in evaluating each client's
case in order to emphasize the strengths and minimize the weaknesses.
Please Contact us
to schedule your free consultation.
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