DUI Tests in Tampa, FL

The Inaccuracy of Field Sobriety Testing

The three most common “standardized” field sobriety tests are the walk and turn, one-leg stand, and horizontal gaze nystagmus. Police officers may also require drivers to perform additional non-standardized tests—including the finger-to-nose test, reciting the alphabet, counting backward, and more. If you were arrested after performing a field sobriety test, contact an experienced DUI defense attorney as soon as possible. With our experience in this field, our team understands how to challenge the different types of field sobriety tests. 

The following are examples of other field sobriety tests:

• Walk in a straight line, heel to toe, for nine steps, turn on one foot, and walk back the same way.
• Recite the alphabet and/or count backward.
• Stand on one foot while holding the other foot six inches off the ground and counting for 30 seconds.
• Follow a slowly moving object with your eyes while the officer looks for a side-to-side jerking movement in your eyes.
• Stand with feet together while tipping the head backward.
• Count the number of fingers raised by the officer.
• Close the eyes and touch the nose with the finger.

The National Highway Traffic Safety Administration (NHTSA) oversaw research that resulted in Standardized Field Sobriety Tests. They found that the horizontal gaze nystagmus had a 77% accuracy rate, the walk and turn a 68% accuracy rate, and the one-leg stand a 65% accuracy rate—and when all three were used together, they were correct only 82% of the time. These statistics show that field sobriety tests are not enough to prove a driver's intoxication beyond a doubt, which is the burden of proof in criminal court.

There are a few issues that add to the inaccuracy of these tests:

• The use of non-standardized field sobriety tests;
• Improper instructions by the officer administering the test;
• Improper grading of a driver’s performance on a test or tests;
• Improperly administered tests; and
• Factors not related to alcohol that influence a driver’s performance.

Sober Drivers Can Fail Field Sobriety Tests

Any person, sober or not, may fail for reasons that have nothing to do with alcohol or drugs. When you read the descriptions of these tests, it is easy to see how a driver could fail regardless of his or her level of intoxication. Can you stand on one leg for 30 seconds without swaying or putting your foot down? Can you walk heel to toe at night, in uncomfortable shoes, without using your arms for balance? These tests measure things that any person, sober or not, may have difficulty doing.

Here are some factors that could affect your performance on a field sobriety test, none of which have anything to do with alcohol or drugs:

• A medical condition or injury that affects balance or coordination
• Nervousness, anxiety, or fear
• High-heeled shoes
• Bright lights, loud sounds, or other distractions
• Unclear instructions on how to perform a test
• Challenges with language, such as an officer who gives instructions in English to a person who does not speak the language very well or at all

What’s more, the officer who administers the test must make sure it is in the right type of environment, that he or she is properly trained, and that the test is accurately scored.

Does Timing of DUI Tests Affect the Results?

The timing of DUI testing is an important factor in any drunk driving case. The outcome of a case may depend on the amount of time that passed between operating a vehicle to the time the breath or blood test was taken. One's level of intoxication may rise or fall depending on when they had their last drink and how much time has elapsed since they began drinking. If a person is driving while it is still on the rise, the test result will be higher later on. 

It may take up to four hours for a one's system to absorb and eliminate alcohol. This will vary depending on age, weight, diet, and gender.

Challenging DUI Tests Results

There are many ways in which DUI tests can be inaccurate or administered poorly. Law enforcement is held to high standards of evidence gathering. Sometimes, these standards are not upheld, either out of the emotion during the arrest, improper training, or some other factor. When this occurs and it affects the accuracy of field sobriety testing, blood testing, or a breathalyzer, your lawyer may be able to get the DUI charge dropped altogether.

Your Tampa DUI defense lawyer may question the following:

• How a test was administered.
• The officer’s evaluation of performance on a test.
• The qualifications of the individual who conducted the test.
• The timing of the DUI test.
• The devices used to conduct the tests.
• Any other factors that could have affected the DUI test results.

At Thomas & Paulk, we can do a complete investigation of your situation and determine if any errors or violations occurred in the process. Our Tampa DUI lawyers know that no evidence is immune to challenge, and there is a long distance between an arrest and a conviction. After thousands of cases handled, we know what it takes to win an acquittal or get a case thrown out of court. If you have been accused of drinking and driving, don't hesitate to contact our firm for a free, private DUI consultation.