Our Affordable Criminal Defense Attorneys recognize that DUI charges in Florida can pose severe consequences for anyone facing a DUI in the state of Florida. If you are facing a DUI in Florida it can costs thousands of dollars in fines, possible jail time, soring insurance rates and a loss of your driving privileges. We offer free DUI consultations and affordable pricing.
Our Affordable DUI Lawyers in Florida have put together 8 very import things to remember if you agree to field sobriety tests.
Field Sobriety Tests
Remember that you can say no. You do not have to do the Sobriety Tests. Unlike the Breath Tests, there is no penalty for refusing to perform Field Sobriety Exercises.
If you have injuries, don’t do the test. The officer will not be able to distinguish between how he thinks you should be able to walk and the way you walk with your 3 year old leg injury.
Remember that you can so no. If you can’t stand on one leg, you can decline to perform the exercise that requires you to stand on one leg. It is best if you give a reason for your refusal, but if you do not have the physically ability to balance on one leg, just say so.
You can’t fake the eye exam. Regardless of your ability to “hold your liquor”, after two drinks, you probably will not pass the Horizontal Gaze Exercise (following the pen or light with your eyes).
Pay attention to the instructions. Forget what you remember from t.v. about the Sobriety Tests, and listen to the instructions the officer gives you. For the Walk the Line Exercise, you are told to put your arms at your side. If you raise your arms, you fail the test. For the same exercise, you are told to walk “heel to toe”. If your heel does not hit your toe on every step, you fail the test. The officer demonstrates the turn at the end of the Walk the Line Exercise. If you don’t turn like the officer showed you, you fail the test. During the One Leg Stand, the officer tells you that if you drop the leg you are holding up, to lift it back up and continue counting. If your leg drops and you stop counting, or start counting over, you fail the test. These tests are about your ability to listen to, remember, and follow instructions. Failing to listen and remember can be seen as a sign of impairment.
No Strobe Lights During Eye Exam. Strobe lights have erratic effects on your eyes. The officer is supposed to turn them off during the Horizontal Gaze Test. If he doesn’t, mention it. The test is being recorded; this is your best opportunity to point out mistakes the officer is making during the test. His report will not mention whether the strobes were off, but if asked later, he will most likely say that they were off.
No Debris On the Line. During the Walk the Line Exercise, the line you walk is supposed to be in a well-lit area and on a flat surface, free of debris. If you notice gravel on the line during the test, or if the area is not well lit, mention it. The test is being recorded; this is your best opportunity to point out mistakes the officer is making during the test. If the officer’s report mentions the surface at all, it will say that it was well lit and free of debris. The video probably won’t pick up small stones on the line.
The Tip of Your Nose Is At The End. It sounds silly, but learn where the tip of your nose is now. It is the point of your nose that is the furthest from your face. The point where the nose starts curving down is the top of your nose, not the tip of your nose. During the “Touch Your Nose Test” if you touch the top of your nose, you will fail the test.
Affordable Criminal Law Firm can help if you are facing DUI charges in Florida! Contact us today for a free legal consultation.