Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Accuracy, Honesty and Rights: Field Sobriety Tests in Florida
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- If you’re ever pulled over under suspicion of DUI in Florida, the officer will normally perform a Standardized Field Sobriety Test (SFST) and take a breathalyzer reading.
The SFST is used to estimate the level of intoxication and can provide the cause to arrest. A breathalyzer is used mostly to confirm intoxication.
Sometimes, the breathalyzer may return a negative reading, contradicting the results of a field sobriety test. There have been many cases involving a driver that has been arrested after a SFST and registered a completely legal BAC at the station.
This can be an extremely frustrating situation and the accused driver may wonder whether they can pursue legal action against the arresting officer or not.
Establishing Probable Cause
The Standardized Field Sobriety Test are used initially to find out whether the driver is intoxicated or not. If the driver fails the SFST, the officer will take it as the evidence required to suspect the driver guilty of DUI.
Although you may be able to clear the breathalyzer test, but your failure to complete the SFST will give the officer the evidence required to bring you in.
System Abuse
Recently, there was a case in Chicago in which an officer was accused with fabricating information in DUI cases , by arresting people for DUI even when they were able to pass the SFST.
Officers may do such things to make more money in general. When an officer is asked to come in for a DUI trial, they are eligible for overtime pay based on time spent in court.
Although Florida does have some regulations in place to prevent the practice of such acts, some arresting officers still have the potential of a larger payday with every DUI arrest.
What You Can and Should Do If Pulled Over
The simplest thing you should always do is to be polite. Even if you’ve had anything to drink or not, your rudeness and refusal can send the message of guilt. Especially in cases of SFST, the officer will solely have to use his or her judgment to determine whether or not you should be charged, thus it’s best not to give any reason for doubt.
Although according to Florida law, you have the right to refuse a breathalyzer test, but the refusal will result in a one-year license suspension for a first time refusal. However, a second refusal is a crime punishable by up to a year in jail.
In case you if you become part of a crash that unfortunately involves a serious bodily injury or death, then you will be required to submit to a blood test. If you refuse, the officer has the right to obtain one by force.
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