Tampa Field Sobriety Defense Lawyer
It starts on the roadside. Blue lights flashing. Instructions barked out by a police officer. Walk a straight line. Stand on one leg. Follow a moving pen with your eyes. These field sobriety tests are often used to justify a DUI arrest but they are far from perfect. If you failed a roadside test in Tampa, you still have options, and the test results may not be as solid as they seem.
Field Sobriety Tests Are Not Scientific Proof
In Hillsborough County, field sobriety tests are a standard part of many DUI investigations. Law enforcement officers rely on them to establish probable cause for a DUI arrest. But these tests are subjective. The officer’s opinion often determines whether your actions count as “impaired.”
The horizontal gaze nystagmus, one leg stand test, and walk-and-turn are common field sobriety exercises. They require balance, coordination, and the ability to follow detailed instructions under stress. Physical disabilities, nervousness, poor lighting, or even footwear can affect your performance—none of which reflect your blood alcohol level.
Common Problems with Field Sobriety Exercises in Tampa DUI Cases
Many Tampa DUI attorneys have seen cases where field sobriety exercises were performed on uneven pavement, during rain, or late at night. These conditions make accurate results almost impossible. In one case, a driver was arrested after swaying slightly during the one leg stand test—on a sloped sidewalk with heavy traffic nearby.
Police officers are trained to look for signs of impairment, but they are not medical experts. Their lay observations can be flawed. A medical issue, such as vertigo or joint problems, can mimic signs of intoxication. Poor performance on these tests does not automatically prove a DUI offense.
How a DUI Defense Attorney Can Challenge the Test Results
An experienced lawyer will review the officer’s conduct, the location and timing of the test, and your physical condition. They will look at the police reports, the officer’s training, and whether the tests followed guidelines from the Florida Supreme Court or national standards.
In many DUI cases, a strong defense strategy focuses on how the field sobriety tests were administered. Your DUI lawyer may file motions to exclude test results, challenge probable cause, or question whether the tests were necessary at all.
Why Field Sobriety Defense Requires Experience
DUI law in Florida allows prosecutors to build a case using field sobriety results, breath test results, and the arresting officer’s testimony. But a skilled defense attorney knows that test results alone are not enough for a DUI conviction.
Your legal representation must focus on creating reasonable doubt, highlighting flaws in the evidence gathering process, and showing that your performance was influenced by circumstances surrounding the stop—not by intoxication. Every detail matters when challenging DUI charges tied to field sobriety.
Protect Your Record with Hersem Law in Tampa
If you were arrested after field sobriety tests in Tampa, Hersem Law is ready to help. Our experienced Tampa Field Sobriety Defense Lawyer understands how these tests are used—and misused—in DUI cases. With the right legal counsel, you can challenge the evidence, protect your record, and work toward a better outcome.
Frequently Asked Questions About Field Sobriety Tests in Tampa
Are field sobriety tests required by law?
No. Florida law does not require drivers to perform field sobriety tests. You can politely decline, but refusal may increase suspicion.
Can I fail a field sobriety test if I am not drunk?
Yes. Poor lighting, medical conditions, nerves, and even weather can affect your performance. Officers often interpret these signs as evidence of impairment.
What if I was wearing heels or had balance issues?
These factors can absolutely affect test results. Your DUI attorney can raise them in court as part of your defense strategy.
Can a DUI lawyer get my field sobriety results thrown out?
Yes. If the tests were administered improperly or under unfair conditions, your lawyer can file motions to suppress the results or challenge their validity at trial.
What if I did well on the test but was still arrested?
Even with good performance, police officers may still proceed with a DUI arrest. Your attorney can use that fact to question the officer’s judgment and weaken the prosecution’s case.
