Refusing Field Sobriety Tests in Florida and DUI Arrests

When a police officer requests a field sobriety test, it often indicates that they already have reasonable suspicion to believe you are under the influence of alcohol or drugs. However, it is crucial to understand the differences between field sobriety tests and chemical tests and the legal implications of refusing either.

Field Sobriety Tests vs. Chemical Tests

Field sobriety tests are physical exercises administered by officers to check for signs of impairment. These tests include the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus tests, among others. Some officers may also use non-standard tests, such as reciting the alphabet backward or picking up coins from the ground.

Unlike field sobriety tests, chemical tests (blood, breath, or urine tests) can have more serious legal consequences if refused. Refusing a chemical test often results in an immediate administrative license suspension, which could last for up to a year.

Legal Rights in Florida

It is important to note that Florida law does not require you to submit to field sobriety tests. Unlike chemical tests, officers cannot legally compel you to perform these tests, and refusal will not result in criminal penalties. However, refusing such tests can make officers suspicious and may be used as evidence of impaired driving at a later stage.

Chemical tests, on the other hand, are subject to implied consent laws. If you are arrested, refuse a chemical test, and are taken to a police station for more testing, you may face an administrative license suspension. If you are arrested, the officer may use portable breathalyzer results as part of the case, but these results are not admissible in court in Georgia.

Probable Cause and Arrest Procedures

For a DUI arrest to be legally valid, law enforcement must have probable cause. Mere suspicion from field sobriety tests is not enough; the officer needs concrete evidence to justify an arrest.

However, if you commit moving violations like crossing the center line, running a red light, or speeding, these actions can be enough to establish probable cause for an arrest even if you refuse the field sobriety tests.

During a traffic stop, officers are trained to watch for signs of impairment, such as poor coordination, fumbling, or slow, uncoordinated movements. These observations can be used to establish probable cause for a DUI arrest, even without the results of field sobriety tests.

Legal Consequences of Refusal and Arrest

If an officer arrests you with little to no probable cause and you submit to a mandatory chemical test, that test's results could be inadmissible in court if your lawyer can prove there was no probable cause for the arrest. Remember, officers cannot legally compel a suspect to submit to mandatory chemical tests unless a legal arrest has been made.

Refusing field sobriety tests can indeed cause officers to suspect you are impaired, but it does not constitute a crime itself. However, it can strengthen the case against you if you are arrested and taken to a police station for more testing.

In conclusion, while you have the right to refuse field sobriety tests without facing criminal penalties, be wary of the potential consequences if you are arrested and taken to a police station for further testing. Understanding your rights and the implications of your actions can help protect you during a DUI arrest.

Key Points to Remember:

Field sobriety tests are voluntary in Florida. Refusing chemical tests can result in an administrative license suspension. Officers need probable cause to make a DUI arrest. Legality of chemical tests depends on the context of the arrest. Knowledge of your rights can help defend against DUI charges.