In Part I of this three-part series of articles offered examples of Jacksonville DUI defense strategies based on the initial DUI stop and police officer observations.  This second part of the three-part series of articles will focus on an overview of Jacksonville DUI defense strategies based on field sobriety test (FST) results.  The key to keep in mind is that both FST and BAC testing can be surprisingly inaccurate and may be effectively challenged in a Jacksonville DUI case.  Jacksonville DUI attorney John Musca has successfully challenged FST results on behalf of many Jacksonville drivers charged with DUI.

Field Sobriety Testing Defense Strategies

FSTs are simple physical tasks that are supposed to provide an indication that a driver is intoxicated.  While there are many examples of FSTs that people may be familiar with from depictions in the media.  There are only three (3) of these FSTs that have been approved by the National Highway Traffic Safety Administration (NHTSA): (1) one leg stand; (2) horizontal gaze nystagmus; and (3) walk-and-turn test.  These tests are referred to as “divided attention” tests.  The officer is testing your ability to both follow directions and perform physical tasks.

FST Defense 1: While the three approved FSTs (referred to as “Standardized Field Sobriety Tests”) are really little more than agility exercises designed to make you seem intoxicated, they are the only FSTs that have ANY validity whatsoever in a DUI case.  There are many other FSTs that officers may ask you to perform including: finger count test, reciting the alphabet, Rhomberg balance test, finger to nose and others.  These FSTs (referred to as “Non-Standardized Field Sobriety Tests”) have absolutely no validity which Florida DUI defense attorney John Musca has the experience to communicate in court.

FST Defense 2: Although Standardized FSTs have been approved by the NHTSA, they still frequently result in false indications of intoxication even when conducted and scored according to appropriate procedures.  The one leg stand accurately identifies someone as intoxicated only 65 percent of the time with the walk-and-turn being only slightly more accurate indicating intoxication 68 percent of the time.  While the horizontal gaze nystagmus test is the most accurate of the three standardized FSTs, it inaccurately indicates intoxication 23 percent of the time.  These tests are little more than an educated guess even if conducted precisely according to the required procedures.  An educated guess is a long way from “beyond a reasonable doubt.”

FST Defense 3: The procedures for conducting FSTs and scoring are extremely precise and detailed.  Most officers that conduct FSTs have very limited FST training in the academy and lack the proper background and knowledge to conduct the tests properly or to adhere to the specific scoring criteria.  Jacksonville DUI attorney John Musca may be able to show that the officer who arrested you for DUI lacked the specialized training to properly conduct FSTs.

FST Defense 4: Because FSTs are basically physical agility tasks, physical disabilities, medical conditions, injuries, illness, obesity, lack of coordination or a multitude of other factors may impede one’s physical ability to successfully perform FSTs.  If you have any physical limitations, illnesses or disabilities, you should communicate this information to the officer when asked to perform these field sobriety tests.  Jacksonville DUI lawyers recognize that FSTs often reveal more about a person’s physical limitations or illness than about intoxication and can effectively communicate such issues to a judge or jury.

FST Defense 5: Even putting all of the potential issues above aside, FSTs require people to engage in unfamiliar and awkward physical tasks under extremely tense circumstances.  Anyone who has been pulled over by the police knows that anxiety and fear can often make people confused and disoriented.  Our DUI defense lawyers know how to help juries that are made up of ordinary folks just like you experience the stress that can cause one to fail to follow directions or perform the FSTs correctly.

FST Defense 6: The police officer is expected to explain and demonstrate the walk-and-turn and one leg stand precisely.  If the officer fails to demonstrate the task or to provide precise instructions, this can be a basis for finding the test result is invalid.

While this is hardly a comprehensive list of the effective DUI defenses that an experienced Jacksonville DUI attorney may use to challenge field sobriety test results, it provides a good illustration of the multitude of ways that your Jacksonville DUI defense attorney can make a difference.  We invite you to contact a Jacksonville DUI attorney at Musca Law to schedule a free confidential consultation at (800) 687-2252 to see how we can help.