ROADSIDE EXERCISES
âž¡IF YOU ARE STOPPED BY THE POLICE WHILE DRIVING AND THEY SUSPECT THAT YOU HAVE BEEN DRINKING ALCOHOL IT IS LIKELY THAT THEY WILL REQUEST THAT YOU PERFORM A SERIES OF FIELD SOBRIETY TESTS TO DETERMINE IF YOU ARE INTOXICATED. BASED UPON THE PERFORMANCE OF THESE TESTS, THE POLICE OFFICER SUBJECTIVELY DETERMINES IN MOST INSTANCES IF HE WILL ARREST YOU FOR DUI. THE DRIVERS ALLEGED PERFORMANCE ON FIELD SOBRIETY TESTS MAY PROVIDE THE LEGAL JUSTIFICATION OR PROBABLE CAUSE FOR THE POLICE OFFICER TO ARREST A PERSON FOR DRIVING UNDER THE INFLUENCE.
âž¡PROBABLE CAUSE IS NOT THE SAME THING AS “BEYOND A REASONABLE DOUBT.” MANY POLICE OFFICERS CHOOSE TO ARREST ON THE BASIS OF CAUTION.
âž¡THERE IS A LOT OF TECHNICAL TRAINING FOR A POLICE OFFICER IN THE FIELD OF FLORIDA DUI LAW. THERE IS NO LAW IN FLORIDA THAT STATES THAT THE OFFICERS MUST KEEP UP ON THEIR TRAINING OR NO THE LATEST FEDERAL GUIDELINES OR STUDIES REGARDING THE FIELD SOBRIETY TESTS.
âž¡THE GYMNASTICS THAT YOU WERE ASKED TO PERFORM ON THE SIDE OF THE ROAD UNDER ABNORMAL CONDITIONS WERE NOT DESIGNED TO OBJECTIVELY DETERMINE WHETHER YOU WERE IN FACT IMPAIRED BY ALCOHOL.
COMMON FIELD SOBRIETY TESTS INCLUDE:
âž¡-WALK THE LINE TEST
âž¡-ONE LEG STAND TEST
âž¡-HORIZONTAL NYSTAGMUS TEST
âž¡-FINGER TO NOSE TEST
âž¡-RHOMBERG TEST
THESE FIELD SOBRIETY TESTS ARE NOT SCIENTIFIC OR RELIABLE. IN ALMOST EVERY CASE IN SOUTH FLORIDA, THESE TESTS ARE CONDUCTED IN A MANNER WHICH IS NOT APPROVED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AS MOST OFFICERS DO NOT KNOW HOW TO PROPERLY CONDUCT THESE EXERCISES.
PROBLEMS WITH FIELD SOBRIETY TESTS
âž¡ACCORDING TO THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ‘S “DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING STUDENT MANUAL,” A CLEAN, DRY, LEVEL SURFACE MUST BE USED TO CONDUCT A SOBRIETY TEST.
âž¡YOU MAY HAVE INNER EAR PROBLEMS, BACK INJURIES, FATIGUE OR SIMPLE COORDINATION PROBLEMS THAT THE OFFICER DID NOT TAKE INTO ACCOUNT.
âž¡YOU MAY BE NERVOUS, YOUR AGE MAY PLAY A FACTOR, ILLNESS AND INTIMIDATION MAY BE A FACTOR.
âž¡THERE IS NO MEASURABLE UNIVERSAL STANDARD OF PERFORMANCE; I.E. TO SAY THERE IS NO OBJECTIVE WAY TO DETERMINE WHETHER A PERSON IS INTOXICATED, POORLY-COORDINATED, OR JUST CLUMSY.
âž¡POOR LIGHTING, BAD WEATHER, OR POOR ROAD CONDITIONS MAY ALSO AFFECT HOW A DRIVER IS ABLE TO PERFORM ON A FIELD SOBRIETY TEST.
âž¡THERE ARE SPECIFIC WAYS THESE TESTS MUST BE ADMINISTERED AND EVALUATED IN CONFORMITY WITH THE STANDARDS OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, AND THESE STANDARDS ARE RARELY MET ON THE SIDE OF THE ROAD.
âž¡MANY OFFICERS ARE NOT PROPERLY TRAINED TO CONDUCT THE FIELD SOBRIETY EXERCISES. MANY OF THE TRAINED OFFICERS STILL CONDUCT THE TESTS IMPROPERLY AND NOT IN ACCORDANCE WITH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION STANDARDS.
âž¡DID YOU KNOW THAT THE SCIENTIST HIRED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, HAS ADMITTED THAT THE FIELD SOBRIETY TESTS DO NO MEASURE IMPAIRMENT? SHE ALSO ADMITTED THAT THEY ARE UNRELIABLE UNLESS THEY ARE ADMINISTERED IN STRICT COMPLIANCE WITH THE STANDARDIZED TESTING PROCEDURES.
âž¡ACCORDING TO THE FEDERAL GOVERNMENT, ACCURACY OF FIELD SOBRIETY TESTS ARE AS FOLLOWS:
âž¡HGN..................................77%
âž¡WALK AND TURN.............68%
âž¡ONE LEG STAND..............65%
âž¡IN CONCLUSION, WHEN YOU ARE PULLED OVER AND SUSPECTED OF DRIVING UNDER THE INFLUENCE, THE POLICE OFFICER IS LIKELY TO ASK YOU TO PERFORM A SERIES OF FIELD SOBRIETY TESTS. SOME OF THOSE TESTS ARE RECOGNIZED BY THE NATIONAL HIGHWAY AND SAFETY TRANSPORTATION ADMINISTRATION AND OTHER TESTS ARE NOT. THE POLICE OFFICER HAS TO BE PROPERLY TRAINED AND USE THAT TRAINING TO PROPERLY CONDUCT THE TEST. SHOULD THE POLICE OFFICER NOT CONDUCT THE TEST PROPERLY, AN EXPERIENCED DUI DEFENSE ATTORNEY WILL BE ABLE TO HELP YOU. THE ATTORNEY CHALLENGES THE POLICE OFFICER’S ABILITY TO CONDUCT THE TEST PROPERLY.
âž¡EXPERIENCED DUI TRIAL LAWYERS WILL FILE PRE-TRIAL MOTIONS CHALLENGING THE USE OF THIS UNRELIABLE AND PREJUDICIAL EVIDENCE.
âž¡IF YOU ARE CHARGED WITH A DUI OR QUESTIONED DURING THE FIELD SOBRIETY TEST, PLEASE CONTACT OUR FIRM AS WE HAVE EXTENSIVE EXPERIENCE REPRESENTING PEOPLE ACCUSED OF DRIVING UNDER THE INFLUENCE IN BROWARD, DADE, PALM BEACH AND HENDRY COUNTIES. WE HAVE THE NECESSARY EXPERIENCE TO AGGRESSIVELY AND VIGOROUSLY REPRESENT YOU ON YOUR CASE.
Alan S. Bernstein P.A. - with offices in Broward and Palm Beach - handling cases in the counties of Broward, Dade, Palm Beach, Hendry and Glades, understands the science of breath, blood and urine testing, as well as all facets of DUI Defense. Call right now for a free, no obligation consultation. You only have 10 days to fight the suspension of your driver’s license. Call right now! Call Alan S. Bernstein P.A. at 954-925-3111 or 954-347-1000 during the evenings and weekends.