Roadside Sobriety Tests

March 27, 2009
By Musca Law on March 27, 2009 12:10 PM |
Field sobriety tests, or roadside tests, are administered by law enforcement officials who believe a driver is likely under the influence of alcohol or otherwise have reason to gauge a driver's sobriety. For example, a local police officer or sheriff's deputy might pull you over for a traffic infraction a little after 2:00 a.m., after the bars in town have closed up shop, and ask you if you've been drinking. You respond, "Just a couple of beers, Officer." Based on that statement, your traffic violation, your location, and possibly other factors - such as the scent of alcohol on your breath, slurred speech, or your glassy eyes - he may ask you to step out of the vehicle to determine whether you are too impaired to drive.

One of the most frequently used field sobriety tests is the "walk and turn." The law enforcement officer will ask you to walk down a line and back, heel-to-toe, while counting your steps out loud. He can observe your balance, as well as your ability to multi-task. Forgetting to count after the first few numbers while you struggle to maintain balance can be an indication that you are impaired.

Another frequently used, and perhaps more difficult, roadside test is the "one leg stand." Although there are variations, the police officer will typically ask you to stand on one foot - whichever one you like - while counting to 30. This also serves as a gauge of your balance.

Officers may also shine a light onto your face while asking you to keep your eyes on a moving object, usually the officer's finger. Alcohol can impair certain reflexive actions within the eye and this test examines your ability to follow the moving objects smoothly and without moving your head.

Unfortunately, field sobriety tests are imperfect at best, and not everyone can stand on one foot for 30 seconds or so, even under the best circumstances. Police officers may also be inclined to believe drivers performed inadequately when they are not intoxicated - studies show that "false positives" are common when officers evaluate people who are sober test subjects.

If you have been arrested for DUI in Florida, contact the Tampa DUI lawyers at Musca Law to begin your DUI defense.