Field Sobriety Test Defense Attorneys in Tampa

Field sobriety tests are among the most common tools used by police officers during DUI investigations, but they are also some of the most misunderstood. While these tests are meant to help officers assess impairment, they are subjective, error-prone, and heavily influenced by environment, nerves, and physical conditions.

At Roussos Law Group, we have extensive experience defending clients accused of DUI based on field sobriety exercises. Our legal team understands how these tests are administered, scored, and challenged in court.

Understanding Field Sobriety Tests in Florida

When an officer suspects a driver is impaired, they may request a series of Standardized Field Sobriety Tests (SFSTs) to gauge coordination, balance, and cognitive function. These tests are recognized by the National Highway Traffic Safety Administration (NHTSA) and must be conducted under specific conditions to be reliable.

Common tests include:

  • Horizontal Gaze Nystagmus (HGN): Tracking eye movement to detect involuntary jerking.
  • Walk-and-Turn: Assessing balance and ability to follow directions.
  • One-Leg Stand: Measuring coordination and steadiness.

 

Additional, non-standardized exercises such as reciting the alphabet or touching your nose are sometimes used but are not officially approved by NHTSA and carry even less evidentiary value.

Environmental conditions, fatigue, injury, and even footwear can all affect results. Officers are required to explain and demonstrate each test properly and evaluate performance objectively — but that does not always happen.

Florida Penalties and Legal Consequences for Failing Field Sobriety Tests

While field sobriety tests are not themselves criminal offenses, poor performance often serves as probable cause for a DUI arrest and can lead to both administrative and criminal penalties under §316.193.

If you are arrested following these tests, possible consequences include:

  • Jail or probation for DUI conviction
  • Fines and court costs
  • Driver’s license suspension (180 days–1 year for first offense)
  • Mandatory DUI School and treatment evaluation
  • Vehicle impoundment
  • Ignition interlock requirements
  • Higher insurance premiums (FR-44 certification)

 

It’s important to understand that failing or refusing a field sobriety test does not guarantee a DUI conviction. Proper legal review can uncover inconsistencies or procedural errors that undermine the reliability of the tests.

This summary is provided for educational purposes and may not reflect the latest statutory updates. Always consult an attorney for advice specific to your case.

How Roussos Law Group Can Help

At Roussos Law Group, we analyze every aspect of how field sobriety tests were conducted, including the conditions, officer training, and accuracy of the evaluation.

We look for errors such as:

  • Improper test instructions or demonstrations
  • Non-standardized tests or scoring deviations
  • Environmental distractions (uneven surfaces, flashing lights, weather)
  • Medical or physical limitations affecting performance
  • Bias or assumptions made before testing began

 

Our DUI Defense attorneys know how the State uses field test results to justify arrests, and how to challenge their reliability using scientific and procedural evidence.

Steps to Take After a Field Sobriety Test Arrest

If you were arrested based on field sobriety tests, take these steps immediately:

  • Contact a DUI defense attorney before speaking to law enforcement.
  • Request a DHSMV hearing within 10 days to preserve your driving privileges.
  • Document your experience, including lighting, surface, and health conditions at the scene.
  • Gather witness names if anyone observed your stop or arrest.
  • Avoid social media posts about your case or alcohol consumption.

 

Every detail can make a difference — from what shoes you wore to how directions were explained.

Frequently Asked Questions

Can I refuse field sobriety tests in Florida?

Yes. These tests are voluntary. However, refusal may lead the officer to arrest you if they believe there is probable cause for DUI.

Are field sobriety tests reliable?

Not always. Even under ideal conditions, the NHTSA acknowledges a margin of error. Fatigue, nerves, or health issues can cause poor performance unrelated to alcohol.

Do I have to perform these tests if I’m stopped?

No. You can politely decline. Refusing field sobriety exercises is not the same as refusing a breath or blood test under Florida’s implied consent law.

Can poor performance on these tests be challenged?

Yes. Your attorney can review video evidence, cross-examine the arresting officer, and challenge the validity of the testing conditions or scoring.

Will failing a field sobriety test lead to automatic conviction?

No. Field sobriety exercises are only one piece of evidence in a DUI case, and they can often be successfully disputed.

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Frequently Asked Questions

Can I refuse field sobriety tests in Florida?

Yes. These tests are voluntary. However, refusal may lead the officer to arrest you if they believe there is probable cause for DUI.

Are field sobriety tests reliable?

Not always. Even under ideal conditions, the NHTSA acknowledges a margin of error. Fatigue, nerves, or health issues can cause poor performance unrelated to alcohol.

Do I have to perform these tests if I’m stopped?

No. You can politely decline. Refusing field sobriety exercises is not the same as refusing a breath or blood test under Florida’s implied consent law.

Can poor performance on these tests be challenged?

Yes. Your attorney can review video evidence, cross-examine the arresting officer, and challenge the validity of the testing conditions or scoring.

Will failing a field sobriety test lead to automatic conviction?

No. Field sobriety exercises are only one piece of evidence in a DUI case, and they can often be successfully disputed.