Imagine driving down a Florida highway, feeling confident and relaxed behind the wheel, when suddenly you see flashing red and blue lights in your rear-view mirror.
Your heart races as you realize you're being pulled over and the possibility of being charged with a DUI becomes a reality – especially since you just had a few drinks with friends.
In Florida, DUI traffic stops are becoming increasingly common. In 2022, 44,001 Florida drivers were caught with a blood alcohol concentration above 0.08%, the state’s legal limit.
A common question that often arises during a DUI traffic stop is, “can you refuse a field sobriety test in Florida if asked to take one by a law enforcement officer?”
In this blog, West Palm Beach DUI attorney Ronald S. Chapman will answer this question and share what you need to know. If you are facing the consequences of a refusal and a DUI charge, don't hesitate to contact us at (561) 832-4348, so we can begin to fight for you.
Field sobriety tests are a series of physical and mental exercises law enforcement officers use to determine if a driver is impaired by alcohol or drugs. These tests are designed to evaluate a person's balance, coordination, and cognitive abilities, which can be affected by substance use.
Law enforcement officers commonly use three standardized field sobriety tests in the United States:
In addition to these three standardized tests, officers might use non-standardized tests such as the finger-to-nose, Romberg balance, or counting backward test. While these tests are less common, it's still important to be aware of them if asked to perform these tests during a DUI stop.
According to research conducted by the National Highway Traffic Safety Administration, the accuracy of field sobriety tests varies depending on the test. The horizontal gaze nystagmus test has an estimated accuracy rate of 77%, while the walk-and-turn test and one-leg stand test have an accuracy rate of 68% and 65%, respectively. When all three tests are performed together, their combined accuracy rate stands at 82%.
These results show that field sobriety tests are far from perfect when determining if someone is under the influence of alcohol or drugs. Even sober drivers can fail these tests due to medical conditions and physical impairments such as poor balance or vision problems.
Before an officer can administer a field sobriety test, they must have reasonable suspicion that you are impaired. This means they must have a valid reason to suspect impairment, such as erratic driving, the smell of alcohol, or slurred speech.
If the only basis for the stop is a minor traffic violation, like a broken taillight, with no other signs of impairment, the officer might not have reasonable suspicion.
In such cases, you may have grounds for challenging any test results or the legality of the stop in court if you believe the officer did not have a valid reason to suspect impairment.
While there must be reasonable suspicion for an officer to administer field sobriety tests, it's also important to understand how reasonable suspicion relates to Florida's implied consent law.
Florida operates under an "implied consent" law. When you obtain a driver's license and drive on public roads, you implicitly agree to submit to chemical testing (breath, blood, or urine) if an officer has reasonable suspicion you are under the influence of alcohol or drugs.
However, this law does not apply to field sobriety tests as they are considered observational assessments of a driver's impairment, while chemical tests provide more concrete evidence by measuring blood alcohol concentration or detecting the presence of drugs.
In Florida, no law requires a Florida driver to submit to field sobriety tests if pulled over on suspicion of DUI. However, it is generally recommended by experienced criminal defense and DUI attorneys to politely decline field sobriety tests, as these tests often do more harm than good in court proceedings.
In contrast, refusing a chemical test will result in immediate penalties, including a one-year driver’s license suspension for a first offense. You will also potentially face enhanced DUI penalties if you're later found guilty of DUI.
Even though refusing a field sobriety test is not illegal, there can be consequences for refusing, depending on your circumstances.
For example, the officer may view the refusal as suspicious behavior and use it as a basis for reasonable suspicion to administer a chemical test. Additionally, if the case goes to court, the prosecution may argue that you refused the field sobriety test because you knew you were under the influence, which could be used as evidence against you.
There are several reasons why a driver might decide to submit to a field sobriety test during a DUI traffic stop. Some of these reasons include:
Ultimately, the decision to submit to a field sobriety test is a personal one that depends on several factors. Whether you choose to comply or not, it's essential to understand your rights and have a knowledgeable attorney by your side if you're facing DUI charges.
If you or a loved one has been charged with a DUI in Florida, it is crucial to seek the advice of an experienced attorney as soon as possible. West Palm Beach DUI attorney Ronald S. Chapman, P.A. has over 32 years of experience defending clients against DUI charges and is committed to providing the best possible defense for your case.
Remember, time is of the essence when it comes to DUI charges due to strick deadlines, so don't hesitate to reach out for help today. Contact our office at (561) 832-4348 to schedule a meeting and discuss your legal options, so we can begin to fight for you.
Copyright © 2023. Ronald S. Chapman, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
http://www.justiceflorida.com/
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