Miami Field Sobriety Test Attorney

Field sobriety tests are used by police to determine if a driver is impaired. The tests assess balance and coordination in a person.

The tests have been scientifically proven to validate legal intoxication in 90% of cases if administered by a trained officer. The results of the test are admissible as evidence in court.

However, a lack of balance and coordination do not necessarily mean a person is drunk. Sober people can fail field sobriety tests for various reasons, such as due to certain medical conditions, medications, disabilities, age, and injury.

Because of this, you may need to challenge your field sobriety test. Contact a Miami field sobriety test attorney from Asilia Law Firm. We know how to investigate the circumstances surrounding a traffic stop to determine whether a breath test was conducted fairly and in accordance with the law.

Field Sobriety Tests Used

There are three main tests used:

1. Horizontal gaze nystagmus. This refers to an involuntary “jerking” of the eyeball which becomes more exaggerated and occurs at lesser angles when a person is intoxicated. The officer will ask the driver to follow a moving object, such as a pen or flashlight, slowly from side to side. The officer will look at the jerking and see whether or not the eye can follow the object smoothly.
2. Walk-and-turn test. For this test, the officer asks the driver to take nine steps, heel-to-toe, along a straight line, turn on one foot and walk nine steps in the opposite direction. The officer looks for various indicators of impairment, such as not being able to keep balance while listening to the instructions, losing balance while turning, taking an incorrect number of steps, and not touching heel-to-toe.
3. One-leg stand test. For this test, the officer asks the driver to stand with one foot about six inches off the ground and count from one-thousand-one, one-thousand-two, etc. until the officer says to put the foot down. The officer will look for indicators such as hopping, swaying, and putting the foot down. 

Defenses to Field Sobriety Tests

There are three main defenses to field sobriety tests:

1. Reliability. There is considerable room for error and some tests are only about 80% accurate.
2. Administration of the tests. Officers must adhere to strict guidelines set by the National Highway Traffic Safety Administration. If the officer failed to perform the tests properly, the results can be challenged.
3. Physical or mental condition. A certain physical or mental condition or complication can skew the results of any one of these tests. If the officer failed to ask about a physical or mental condition, the results can be challenged.

Contact Asilia Law Firm Today 

Field sobriety tests are not always reliable. They may be performed improperly. The person doing the test may have some kind of medical condition.

If you think the test was administered unfairly, contact a Miami field sobriety test attorney from Asilia Law Firm. We can defend you and prove that you were not really intoxicated. Fill out the online form or call (786) 420-3014 to schedule a consultation today.