Contrary to popular belief, Florida roadside DUI tests are not mandatory. In fact, under Florida law, you can legally refuse to participate in these tests without immediate legal penalty.
You have the legal right to politely decline to perform field sobriety tests such as:
- The walk-and-turn test. The walk-and-turn test requires walking heel-to-toe in a straight line, turning on one foot, and walking back.
- The one-leg stand test. In this test, you must stand on one foot while counting out loud.
- The horizontal gaze nystagmus (HGN) test. During this test, the officer observes your eyes as you follow a moving object, looking for involuntary jerking or bouncing.
- The Romberg balance test. This test requires you to stand with your feet together, head tilted back, and eyes closed, while the officer observes for signs of impairment such as swaying, trembling, or losing balance
These subjective tests are often challenging even for sober individuals. Uneven pavement, poor lighting, medical conditions, and the stress of the situation can make it difficult to perform optimally even when sober.
Refusing to take roadside tests denies law enforcement potentially incriminating evidence to use against you. It is important to note that while you have the right to refuse these tests, doing so may not prevent a drunk driving arrest.
What Happens if You Refuse Sobriety Tests in Florida
While you can refuse field sobriety tests before arrest without legal penalties, the officer may still choose to arrest you on suspicion of drunk driving based on other observations, such as:
- The smell of alcohol on your breath
- Slurred speech
- Bloodshot eyes
- Open containers in your vehicle
Once arrested, you will likely be asked to take a breathalyzer or provide a blood sample. Unlike field sobriety tests, Florida's implied consent law requires you to submit to these chemical tests. Refusal can result in a one-year driver's license suspension for a first offense and longer suspensions for subsequent offenses.
It is crucial to remember that even if you refuse field sobriety tests and chemical tests, you can still face drunk driving charges. The prosecution may use other evidence, such as the officer's observations, witness statements, or video footage, to build a case against you. However, the state's case may be weaker without field sobriety test results, giving your defense attorney more leverage in negotiations.
Building Your DUI Defense Strategy With a Fort Lauderdale DUI Defense Lawyer
If you've been arrested for drunk driving in South Florida, it's crucial to consult with an experienced Fort Lauderdale DUI attorney who can evaluate your case and develop a strong defense strategy. Depending on your circumstances, your attorney may challenge:
- The legality of the initial traffic stop. If the officer did not have a valid reason to pull you over, any evidence obtained during the stop may be inadmissible in court.
- The officer's probable cause for arrest. Your attorney may argue that the officer lacked sufficient evidence to justify an arrest, especially if you refused field sobriety tests.
- The reliability of field sobriety test results, if taken. Your lawyer may highlight the subjective nature of these tests and provide alternative explanations for any difficulties you experienced.
- The accuracy of breathalyzer or blood test results. Factors like improper calibration, operator error, or medical conditions can affect the reliability of chemical test results.
A skilled DUI defense lawyer will thoroughly investigate the evidence against you, looking for any procedural errors or violations of your constitutional rights. In some cases, this can lead to a reduction or dismissal of charges.
A DUI conviction in Florida carries severe penalties, including significant fines, license suspension, and potential jail time. It can also impact your employment, education, and personal relationships. That's why taking proactive steps to defend your legal rights and minimize the potential consequences is essential.
If you face a DUI charge in South Florida, don't hesitate to seek the guidance of a knowledgeable Fort Lauderdale DUI defense attorney. Attorney Robert Malove has extensive experience with field sobriety tests. Robert has completed the Metro-Dade Police Academy’s Field Sobriety Testing Course and is a founding member of the National College for DUI Defense.
The legal team at the Law Offices of Robert David Malove can help you understand your rights, explore your defense options, and work tirelessly to achieve the best possible outcome in your case.
