Founding Attorney
Have you ever been asked to walk a straight line or stand on one leg during a traffic stop? These field sobriety tests are meant to help officers decide whether to make a DUI arrest. But they’re far from foolproof. In fact, many people fail these tests for reasons that have nothing to do with alcohol or drugs. If you’ve been arrested after taking one, it’s worth asking whether the test was done correctly and whether the results can be challenged.
What Are Field Sobriety Tests?
Police officers in Florida often rely on three standardized field sobriety tests during DUI stops:
- Horizontal Gaze Nystagmus (HGN): The officer tracks your eye movement while you follow a stimulus like a pen.
- Walk-and-Turn: You take heel-to-toe steps in a straight line, then turn and repeat.
- One-Leg Stand: You balance on one foot while counting aloud.
These tests are supposed to help determine impairment, but they are subjective. Officers make judgment calls based on your performance, and those decisions are not always accurate or fair.
Common Police Mistakes in Test Administration
Police officers must follow specific procedures when giving field sobriety tests. When they make mistakes, the results can be misleading or invalid. Some of the most common errors include:
- Unclear instructions: If the officer fails to explain what you’re supposed to do, your results may reflect confusion rather than impairment.
- Improper demonstrations: The officer must show you how to perform the test. Skipping this step can throw off your performance.
- Non-standardized tests: Sometimes officers add steps or use tests that aren’t approved, which weakens their reliability.
- Physical limitations ignored: If you have an injury, disability, or age-related issue, the officer should take that into account.
- Inadequate observation: Officers must note how long the test lasted, how you performed, and what factors may have affected the outcome. Failing to do this opens the door to challenges.
We’ve seen DUI charges fall apart simply because an officer didn’t follow the rules.
How Environmental Conditions Can Skew Results
Even when officers follow procedures, the setting of a DUI stop can make it nearly impossible to pass these tests. Think about what it feels like to stand on the shoulder of a busy Florida highway at night with:
- Uneven pavement or loose gravel
- Flashing patrol lights in your eyes
- Cars rushing past at 60 miles per hour
- High humidity, strong winds, or rain
- Poor lighting or shadows
You’re under pressure and likely nervous. It’s no surprise that people stumble or lose balance. These aren’t signs of guilt—they’re signs of stress and environment. We’ll raise these conditions when challenging the reliability of the test results.
Medical Conditions That Mimic Impairment
Many people have medical issues that interfere with field sobriety tests. Some are obvious, others less so. If you have any of the following, the officer may misread your performance:
- Vertigo or inner ear problems: These affect balance and coordination.
- Old injuries or surgeries: Joint or back issues can limit mobility.
- Anxiety or panic: Nervousness during a stop can impact how you move or speak.
- Neurological or eye conditions: These may influence how your eyes react during the HGN test.
If we represent you, we’ll take the time to understand your health history. That information can be key to defending your case and showing that the test results don’t tell the full story.
How We Use These Errors to Build Your Defense
At Van Elswyk Law, we don’t take DUI charges at face value. We’ll review the body cam footage, arrest report, and officer notes to see how the tests were given. We’ll ask questions like:
- Did the officer follow procedure?
- Were conditions fair?
- Could something else have caused the result?
If anything looks off, we’ll raise it with the prosecutor or court. Field sobriety tests are often the weakest part of a DUI case, and we know how to challenge them.
Protect Your Rights After a DUI Arrest
If you were arrested based on a field sobriety test, don’t assume the case is open and shut. There may be problems with how the test was done or how the results were interpreted. Call Van Elswyk Law for a free consultation. We’ll listen to what happened, explain your options, and start building a defense that puts the facts—and your future—first.