Field sobriety tests, generally referred to as FSTs, are a sequence of physical and cognitive tasks that Florida law enforcement officers use during DUI traffic stops to evaluate a driver's potential impairment due to alcohol or drugs. These assessments help officers gather evidence and establish probable cause for a DUI arrest or further chemical testing.
In Florida, officers are trained to observe signs of intoxication such as balance issues, slurred speech, delayed reactions, and inability to follow instructions. FSTs are crucial in this evaluation, primarily when no immediate chemical test results exist.
This guide covers the three standardized field sobriety tests recognized across the United States, including Florida.
A sobriety test, or field sobriety test (FST), refers to a set of physical and mental tasks administered by law enforcement officers when pulling over drivers or at DUI checkpoints to determine whether a person is driving a vehicle under the effects of alcohol or drugs. These tests help measure a person’s coordination, concentration, and balance, which are often impaired by intoxication.
It’s essential to understand the distinction between FSTs and chemical tests. Field sobriety tests are observational and subjective; officers look for visual and behavioral clues of impairment. Chemical tests, like breathalyzers or blood draws, scientifically measure blood alcohol concentration (BAC). In Florida, refusing a chemical test after arrest can result in immediate license suspension under the state’s implied consent laws.
The National Highway Traffic Safety Administration (NHTSA) has approved three standardized field sobriety tests, and Florida law enforcement uses them routinely:
In the HGN test, the officer holds an object like a pen or finger about 12-15 inches from the driver’s face and instructs the person to follow it with their eyes. The officer watches for involuntary jerking of the eyes, which can be intensified by alcohol consumption.
This test involves taking nine heel-to-toe steps along a straight line, turning on one foot, and returning with nine more steps. The officer looks for signs of impairment, such as failure to maintain balance, stepping off the line, or starting too soon.
The driver is instructed to stand on one leg and count aloud until told to stop. Swaying, hopping, or placing the foot down prematurely are all indicators that may suggest impairment.
Besides the standardized tests, Florida officers may use other assessments, including:
These non-standardized tests are still admissible in court but are less reliable due to a lack of universal procedures.
Yes. In Florida, you have the legal right to refuse a field sobriety test, and doing so is not a violation of the state’s implied consent law, which only applies to chemical testing (breath, blood, or urine) after arrest.
However, refusing to perform FSTs may still carry consequences. Officers can arrest you based on other observations, and your refusal could be presented in court as a sign of possible intoxication. In some cases, prosecutors may argue that refusal implies consciousness of guilt.
Additionally, even without FST results, the arresting officer may proceed with a breathalyzer request or seek a warrant for blood testing. While FSTs are optional, chemical tests are not—refusing a breath test after arrest in Florida typically results in a one-year license suspension for a first offense.
The reliability of field sobriety tests (FSTs) has been debated for years. While standardized FSTs, such as the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, are supported by research led by the National Highway Traffic Safety Administration (NHTSA), their accuracy is not foolproof. The effectiveness of these tests heavily depends on proper administration, ideal environmental conditions, and the unique circumstances of each individual being tested.
Factors that can affect accuracy include:Â
False positives are common because FSTs rely heavily on subjective observations rather than objective metrics. For example, an officer unfamiliar with certain medical conditions may misinterpret a physical limitation as a sign of impairment. Environmental factors like weather or distractions at the testing site can further skew results.Â
For these reasons, skilled DUI defense attorneys in Florida frequently scrutinize every aspect of an FST. They evaluate the officer's qualifications, the conditions under which the tests were conducted, and whether all proper procedures were followed.
After you complete a field sobriety test in Florida, the officer will evaluate your performance to determine the next step. If the officer observes signs of impairment, they may request a breathalyzer or initiate an arrest for DUI.
If you're arrested, you’ll be transported to a testing facility or jail and asked to submit to a chemical test. Refusing a post-arrest chemical test results in an automatic administrative suspension of your driver’s license.
If you pass the FSTs but still exhibit other signs of impairment, such as irregular driving, alcohol odor, or slurred speech, the officer may still proceed with further testing or arrest based on the totality of evidence.
When stopped for a suspected DUI in Florida, it's necessary to understand your legal rights and how to exercise them effectively. Knowing what you can and cannot do in these situations can make a considerable difference in the outcome of your case. Here's a breakdown of your rights:
Remaining calm, respectful, and informed is key during any DUI stop. Understanding your rights and following the appropriate steps can protect your legal interests, ensure due process, and potentially minimize the situation's consequences. Consider consulting with a criminal defense attorney experienced in Florida DUI law for further guidance and representation.
If you’ve been arrested for DUI or requested to complete a field sobriety test in Florida, contacting an experienced attorney is essential. A knowledgeable DUI defense lawyer can review the legality of your stop, the administration of any FSTs, and the officer’s behavior to build a strong defense.
At The Denson Firm, we understand how field sobriety tests are used—and misused—in DUI cases. Our team has defended clients throughout Florida and successfully challenged FST results, officer observations, and improper procedures.
We provide personalized legal counsel from the moment you contact us. Whether you’re facing misdemeanor DUI charges or repeat offenses, we guide you through the process, explain your rights, and fight for the best possible outcome.
Don’t face DUI charges alone. Contact The Denson Firm today for a free, confidential consultation and protect your future.
What are the 3 standard field sobriety tests?
The three standardized field sobriety tests used by law enforcement are Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). The National Highway Traffic Safety Administration (NHTSA) has approved these tests as reliable methods for assessing coordination and impairment in drivers suspected of being under the influence of alcohol or drugs.
How hard is it to pass a field sobriety test?
Field sobriety tests may seem like simple tasks, but they can be challenging to pass even when sober. While these tests measure coordination and impairment, various factors can affect performance and make them difficult to pass.
One of the main reasons why people struggle to pass field sobriety tests is due to nerves. Being pulled over by law enforcement and asked to perform physical tasks can be intimidating and nerve-wracking for anyone, regardless of their level of sobriety. This anxiety can lead to shaky hands or legs, which may be interpreted as signs of intoxication.
Additionally, medical conditions such as inner ear disorders or back problems can also impact a person's ability to complete field sobriety tests successfully. These disorders can affect balance and coordination, making it challenging for individuals to walk in a straight line or stand on one leg.
It is important for law enforcement officers to comprehend that various factors can influence the results of field sobriety tests, and they should take these into consideration when evaluating a person's performance. In some cases, individuals may be unfairly accused of driving under the influence simply because they were incapable of passing a field sobriety test due to reasons beyond their control.
What states require field sobriety tests?
In the United States, no state legally requires drivers to take a field sobriety test. These tests are typically voluntary, and individuals have the right to refuse them. However, it's important to note that refusing a field sobriety test may increase suspicion from law enforcement officers and could lead to further testing or consequences.
What fails the field sobriety test?
When it comes to failing a field sobriety test, there are a few key indicators that law enforcement officers use to assess if someone is impaired. These indicators are based on the National Highway Traffic Safety Administration's (NHTSA) standardized field sobriety tests, which police officers nationwide use.
One of the main things that officers look for is a loss of balance. This can be in the form of swaying or stumbling during the test, as well as difficulty standing still or maintaining balance. In addition, the inability to follow instructions is also considered a sign of impairment. This can include not being able to properly perform the tasks asked of them, such as walking in a straight line or balancing on one leg.
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