Police in Florida typically administer field sobriety tests during DUI / DWI investigations. Although many drivers mistakenly believe that police use these tests to determine whether to make an arrest, their true purpose is to gather evidence for a drunk driving prosecution. They shouldn’t be called tests at all, because they’re designed for failure. Any driver who took a field sobriety test before being arrested for drinking and driving should consult with a Florida attorney who specializes in successfully defending DUI / DWI cases.

The National Highway Traffic Safety Administration (NHSTA) has standardized three field sobriety tests – the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. These three tests carry more weight in court than non-standardized tests, but can still be successfully challenged by an effective DUI / DWI defense lawyer.

Field sobriety tests are inherently flawed, because while they purport to measure mental and physical impairment from alcohol use, in reality, many of the so-called signs and symptoms of alcohol impairment stem from physical problems that can be traced to other sources.

Experts concur that mental impairment always occurs before physical impairment when it comes to alcohol intoxication. This is a critically important aspect of DUI / DWI defense, because physical impairment can be masked in those with a high tolerance for alcohol, but mental impairment cannot be disguised. If a driver is physically impaired but not mentally impaired, the physical problems must stem from a source other than alcohol, and a jury must acquit a driver on a charge of driving while impaired.