In Florida, if you a police officer pulls you over and suspects you of drinking and driving, they will likely ask you to perform one or more field sobriety tests. These are physical and mental tasks that the officer uses to determine whether or not you are intoxicated.
The most common field sobriety tests are:
The problem with field sobriety tests is that they are incredibly subjective. A person’s performance on these tests can be impacted by environmental conditions (if it’s really windy, it will be more difficult to balance on one leg), or a person may simply have poor balance.
One has the power but not the right to refuse to take these tests in Florida. While some think that the less evidence against you, the stronger the evidence for probable cause, the prosecution will always argue consciousness of guilt in all refusals.
Joseph T. Hobson is a Criminal Defense attorney specializing in DUI charges in Clearwater, Florida.