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About DUI Sobriety Tests
Choose an experienced Orlando dui defense lawyer
(attorney) to represent your legal rights when you
are when you are arrested or charged with a dui
criminal offense.
 Field sobriety tests are not designed to determine
whether you are intoxicated. They were created by law
enforcement to build evidence of impairment in order to
make a stronger case that you were under the influence
of alcohol or another controlled substance.
In other words, field sobriety tests are designed to
make you fail, by making you do actions which you
otherwise would never do, in order to make the case stronger against
you.
When
you are arrested or charged with a criminal dui
offense, we highly
recommend contacting an experienced Orlando dui
defense lawyer (attorney) to discuss your legal
rights and options in defending your dui charge.
Law enforcement officers often give
individuals who they suspect of operating a motor vehicle while
under the influence of alcohol or drugs what is known as a
field
sobriety test.
The results of these
field
sobriety tests or
field
sobriety exercises are completely subjective in grading to determine if you are impaired,
and by some, considered exercises of an abnormal nature. It is the
arresting officers discretion that determines whether or not you have passed or failed
the field sobriety test or exercises.
If you have been arrested
for a DUI
( Driving Under The Influence ), the officer
has failed you regardless of how well you performed. Be mindful of
this
before agreeing to perform these
field
sobriety tests or
field
sobriety exercises.
The Walk and Turn:
Field Sobriety Test
This is the exercise that requires you
to stand with one foot directly in front of the other foot while the
officer tells you the instructions of the
field sobriety exercise, which you have never formally perform before if this is your
first potential DUI
( Driving Under The Influence )
charge. If you lose you balance and move your feet while listening to
the instructions - one point is scored against you. If you
do not then perform the exercise flawlessly - it's another point
scored against you. Receiving 2 points is all that is needed to fail
this
field sobriety test.
In this
field sobriety test, The Officer is looking for
the following:
Balance:
Whether or not you are lifting your arms more than 6 inches from you
side.
Heel to Toe: Whether or
not you your feet touch heel to toe as you walk. Only 1/2 inch space is acceptable.
In this test there are nine steps forward, nine steps
back, which gives you 18 chances to fail.
Turning Around: In this step, the officer is required to demonstrate how
you are suppose to turn around. Often times incorrectly instructed,
which leads to very few drivers doing this step correctly.
One Leg Stand: Field
Sobriety Test
This
field
sobriety exercise requires the driver to
stand on one leg for 30 seconds. The office may not
require that the driver count to 30 out loud, only hold his foot up while
counting for thirty seconds.
In this
field sobriety test, The Officer is looking for
the following:
Swaying:
While there is no measuring criteria (such as 2 or 3 inches
from side to side) the officer expects you to stand perfectly still or the
officer will assess a point against you.
Using Arms for Balance: losing your balance
only once will cause almost anyone to sway or raise their arms,
which will automatically give you two points and result in a failed
sobriety test.
Hopping: If you are unable to
hop on one leg without loosing your balance, you are on your way to
failing the sobriety test.
Puts Foot Down: If you set your foot down numerous times
during this 30 second exercise, you will fail the sobriety test.
Horizontal Gaze Nystagmus:
Field Sobriety Test
( Also known as the
"follow the pen test."
)
While this
field sobriety test is currently not allowed in evidence except by
specially trained law enforcement officers, it is sometimes used to
establish probable cause to arrest people for DUI. The officer holds a pen or similar object in front of your face and
asks you to follow it with your eyes. The idea behind this test is
that it will show the law enforcement officer when your eyes start
the uncontrolled shaking call nystagmus.
Each Orlando dui defense lawyer (attorney) listed on this web site,
is well versed in the laws regarding dui defense
cases, and is ready to provide you with
important information relating to dui defense legal
issues.
Protect your legal rights by
contacting an experienced Orlando dui defense
lawyer (attorney) today. Your ability to retain your
driving privileges, and even freedom may depend upon it.
Experienced Orlando dui defense lawyers
(attorneys) who professionally represent your legal rights when you
are arrested or charged with a dui criminal
offense.
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