If you are subject to a Florida DUI investigation, the officer will typically conduct Field sobriety tests (FSTs). FSTs will be conducted prior to any chemical testing of blood alcohol level in most cases. Field sobriety testing is subject to very strict procedures to ensure the highest level of accuracy. While these tests are often used to identify intoxicated drivers, they are highly subjective and often unreliable.
There are only three field sobriety tests that have been approved by the National Highway Traffic Safety Administration (NHTSA) for DUI investigations in Tampa or elsewhere in Florida. Many times officers will use non-standardized tests that have not been approved by the NHTSA even though non-standardized tests have not been sanctioned as reasonably reliable indicators of intoxication. The three approved tests are the walk-and-turn, horizontal nystagmus test and the one leg stand test.
FSTs require evaluation of one’s ability to follow instructions as well as a driver’s balance and coordination. These types of tests are called Divided Attention Tests. They require a driver to focus on multiple tasks simultaneously. They force a driver to divide his or her attention between mental and physical tasks. This series of physical tasks are based on research suggesting that a person who is under the influence of alcohol cannot focus on both sets of tasks at the same time. A driver who is impaired by alcohol will typically make certain predictable errors while performing these tasks.
Officers who use field sobriety tests are expected to successfully complete training that complies with very specific guidelines. The process of conducting the tests also requires that officers precisely follow procedures, provide driver’s specific instructions and demonstrate the tests for the driver. Many officers fail to comply with these requirements or have inadequate training or experience, which means the results may be suppressed or effectively contested at trial.
Even if a Florida police officer is properly trained and conducts the FSTs flawlessly, the error rate for the 3 approved FSTs is astoundingly high. The three approved and validated field sobriety tests are only between 65 to 77 percent accurate at correctly identifying drivers under the influence of alcohol. It is important to remember that the prosecutor in a Tampa DUI prosecution has an obligation to prove your guilt “beyond a reasonable doubt.” Field sobriety testing will incorrectly identify one driver as over the legal limit of .08 percent BAC for every three or four drivers tested. This is not remotely sufficient to satisfy the prosecutor’s evidentiary standard for proving guilt in a Florida DUI criminal case.
The point to take away is that there are many defenses that may prevent a Tampa DUI conviction. While it may be worthwhile to simply plead no contest to some minor traffic offenses, this is not the case with DUI charges in Florida. DUI is a serious criminal offense that can have far reaching consequences beyond the severe penalties that are immediately imposed.
If you are charged with DUI in Florida, you should seek the advice and guidance of an experienced Florida DUI defense lawyer. Our dedicated and committed Florida DUI defense attorneys have assisted many residents of Florida charged with DUI so call today.
