West Palm Beach DUI Lawyer

Field Sobriety Tests

Before an officer arrests an individual for DUI, he or she needs probable cause to believe the driver is too intoxicated to safely operate a vehicle. One way of gauging a driver’s level of intoxication is by conducting one or more field sobriety tests. Field sobriety tests challenge a driver’s physical coordination, mental alertness, and ability to follow instruction. It is believed that if a driver has a blood alcohol concentration above .08% then he/she will not be able to pass the test, as the presence of too much alcohol or drugs in the body significantly impairs a driver’s mental and physical abilities.

Field sobriety tests are conducted on the side of the road or highway by where the driver was pulled over. In Florida, drivers suspected of DUI are typically asked to perform the following three field sobriety tests:

Horizontal Gaze Nystagmus: an officer will hold a small object several inches from the driver’s face and ask the driver to follow the object with his/her eyes. The officer will be looking to see if the driver can follow the object’s line of motion, and if his/her eyes twitch when the object moves to the side. Eye twitching is a sign of intoxication. However, eye twitching (or “nystagmus” in medical jargon) is a condition that can affect people even if they haven’t had any alcohol.

One-Leg Stand Test: the test starts with the driver standing straight with arms at the side. The officer will instruct the driver to raise one leg six inches of the ground and start counting out loud. The officer is looking to see if the driver can not only follow directions, but also maintain balance without hoping, wobbling, raising his/her arms, etc.

Walk & Turn Test: the driver will take nine heel-to-toe steps in a straight line, turn, and then repeat the same action in the other direction. The officer is looking to see if the driver can walk in a straight line, as well as follow instructions.

Why Should I Hire a West Palm Beach DUI Attorney?

There are many reasons why it’s to your advantage to hire a West Palm Beach DUI attorney to defend you in court. First and foremost, field sobriety tests are completely subjective, which makes them extremely unreliable in determining a driver’s level of intoxication. Think about it. A person with a natural lack of coordination could easily fail the one-leg test; not everyone—even when sober—can balance on one foot without hopping or moving around, especially when you factor in nerves. Other factors such as the type of footwear the driver is wearing, fatigue, weight, height, pre-existing illnesses or disabilities, roadside conditions, weather, etc. can all impact a driver’s ability to successfully complete these tests. An experienced West Palm Beach DUI lawyer will be able to point this out to the judge, and cast that “reasonable doubt” into the minds of the jurors.

Contact a West Palm Beach DUI Defense Lawyer

If you were charged with DUI after taking one or more field sobriety test, a skilled West Palm Beach DUI attorney at Musca Law can defend you in court and help you fight back against the prosecution’s case. At Musca Law, we have defended countless clients facing DUI charges throughout West Palm Beach, and are more than familiar with defense strategies that have proven to be effective time and time again. We know that if you are found guilty you could lose your driver’s license, be required to pay large fines, and even end up in jail. We are 100% committed to doing whatever we can to ensure this doesn’t happen. When you come to Musca Law, you can rest assured that your case will be handled by an attorney who has the experience, skill, and drive to tackle any DUI case!

Contact a West Palm Beach DUI Defense Lawyer at Musca Law today!