Drivers stopped for DUI / DWI in Florida are usually asked to take a field sobriety test. Many drivers assume that police use field sobriety tests to determine whether to make an arrest, but that’s not the case. The true purpose of field sobriety tests is to establish probable cause for an arrest and create evidence for a drunk driving court case. Any driver required to take a field sobriety test before being arrested for DUI / DWI should contact a Florida attorney who focuses on successfully defending driving under the influence cases.

There are two types of field sobriety tests – standardized and non-standardized tests. Three tests are certified by the National Highway Traffic Safety Administration (NHTSA) – the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test.

Another group of tests are considered so subjective that they aren’t even recognized by the NHTSA. However, even though these tests aren’t considered reliable indicators of alcohol impairment, they are still used by police. These include the Rhomberg balance test, the finger tap test, the hand pat test, the finger-to-nose test, the ABCs, and the numbers backward test.

These non-standardized field sobriety tests carry less weight in court than standardized tests, because they aren’t regarded as accurate indicators of alcohol intoxication. They don’t have standardized instructions or objective scoring systems, and many of the ‘signs’ of intoxication that police are told to watch for can be traced to physical problems that other than alcohol.

The way that alcohol impacts the body is central to DUI / DWI defense. Experts agree that alcohol always causes mental impairment before physical impairment takes place. Individuals with a high tolerance for alcohol can mask signs of physical impairment, but mental impairment can never be hidden. If a driver shows physical impairment but no mentally impairment, the physical problem must come from sources other than alcohol intoxication.

The prosecutor bears the burden of proving a driver’s guilt beyond a reasonable doubt in order to secure a DUI / DWI conviction. The inherent flaws in non-standardized field sobriety tests and their reliance on physical agility create problems for prosecutors, and sow reasonable doubt in the minds of jurors.