Field Sobriety Tests: Understanding Their Limitations in DUI Cases

If an individual is pulled over for suspicion of a DUI, they may be subjected to performing field sobriety tests. These tests, aimed at gauging a driver’s potential impairment due to alcohol or drugs, can be pivotal in shaping the outcome of the individual’s following legal proceedings. 

For the best legal counsel and representation for a DUI case, look no further than a Tampa DUI lawyer with The Rickman Law Firm.

Understanding Field Sobriety Tests

Field sobriety tests, also referred to as FSTs, are standardized assessments conducted by law enforcement officers to evaluate a driver’s potential impairment due to alcohol or drugs during a traffic stop. These tests aim to gauge a person’s physical and cognitive abilities, providing officers with indicators of impairment that may lead to the establishment of probable cause for a DUI arrest. 

Typically, FSTs are administered at the roadside when an officer suspects a driver may be under the influence. The three standardized field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA) include the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One-Leg Stand (OLS). 

Officers may request these tests to observe specific behaviors and responses, such as eye movements, balance, and coordination, to assess a driver’s sobriety. Understanding the circumstances under which FSTs are conducted is important for individuals facing DUI charges, as the results of these tests often play a pivotal role in subsequent legal proceedings.

Limitations of Field Sobriety Tests

Subjectivity and Officer Discretion

Field sobriety tests inherently hinge on the judgment of the administering officer, introducing an inherent element of subjectivity into the evaluation process. External factors, such as adverse weather conditions, uneven road surfaces, and an individual’s physical condition, can significantly influence the outcome of these tests.

In Florida, where DUI laws are strict, the subjectivity in FSTs poses challenges to the accuracy and reliability of the results. A skilled Tampa DUI defense attorney can navigate this subjectivity, questioning the standardization of the tests and highlighting the potential for misinterpretation while representing your case.

Medical Conditions and Disabilities

The validity of FSTs can be significantly compromised by certain medical conditions or physical disabilities. The Americans with Disabilities Act (ADA) in Florida mandates that law enforcement officers make reasonable accommodations for individuals with disabilities during testing. This underscores the importance of recognizing and accommodating individuals with specific medical conditions or disabilities to ensure fair assessments.

Nervousness and Anxiety

The stressful nature of being stopped for suspected DUI can induce nervousness and anxiety, factors that can significantly impact a person’s ability to perform field sobriety tests accurately. These emotional responses can lead to false indicators of impairment, casting doubt on the reliability of the tests.

Understanding the psychological elements at play during field sobriety tests, a potential defense strategy may involve examining the circumstances surrounding the testing. Your attorney may choose to delve into the specific conditions of the traffic stop, addressing the potential influence of stress and anxiety on test performance.

Florida Legislation and Field Sobriety Tests

Implied Consent Law

Florida’s implied consent law mandates that drivers agree to submit to chemical tests, including breath, blood, and urine tests if lawfully arrested for DUI. However, it is important to note that the implied consent law does not compel individuals to participate in field sobriety tests.

Probable Cause Requirement

Florida law requires law enforcement officers to establish probable cause before making a DUI arrest. While field sobriety tests contribute to this determination, their inherent limitations mean that other factors, such as driving behavior and general observations, must be considered in assessing probable cause.

Expert Witnesses and DUI Defense

A skilled Tampa DUI defense attorney can challenge the admissibility of field sobriety test evidence, questioning its reliability under specific conditions. Expert witnesses may provide testimony that sheds light on the potential inaccuracies associated with field sobriety tests.

Challenging Field Sobriety Tests in Court

When faced with DUI charges based on FST results, a strategic and comprehensive defense can help play a key role in the outcome of your case. While there are many potential strategies that a Tampa DUI attorney can utilize, they may include: 

Examination of Testing Conditions

Your attorney may choose to scrutinize the conditions under which your field sobriety tests were administered. Factors such as poor lighting, inclement weather, or uneven terrain may have influenced the accuracy of the tests, which can result in a doubt of their reliability.

Expert Testimony on FST Limitations

Your Tampa DUI lawyer with The Rickman Law Firm may leverage the expertise of professionals who can provide testimony on the limitations of field sobriety tests. This may involve explaining how certain medical conditions, disabilities, or situational factors could compromise the accuracy of the tests in specific cases.

Legal Challenges to Field Sobriety Test Admissibility in Court

Skilled Tampa DUI defense attorneys may file motions to challenge the admissibility of FST evidence. This involves presenting legal arguments based on Florida statutes, precedents, and the constitutional rights of the accused.

Get Quality DUI Defense Today with The Rickman Law Firm

Field sobriety tests bear limitations that could have a significant influence on the outcome of your DUI case. With combined decades of experience, the Tampa DUI attorneys with The Rickman Law Firm have developed the skillset to fight for your rights.


If you or a loved one is facing a DUI case, do not hesitate to contact our office at (813) 370-1185 or fill out the consultation form on our website. We are available 24 hours a day, seven days a week, for you. Get the legal representation you deserve with The Rickman Law Firm.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

NEED A DEFENSE ATTORNEY?

Schedule Consultation

Case Results

BATTERY CHARGE DISMISSED

The Client was arrested for Battery after engaging in a physical altercation with his girlfriend in their apartment and she alleged that he caused injuries to her shoulder and neck. Attorney Anthony Rickman set the
Show More

INJUNCTION FOR PROTECTION AGAINST SEXUAL VIOLENCE DISMISSED AND CRIMINAL CHARGES FOR SEXUAL BATTERY DROPPED

The Client, a Student and TA at USF was accused of sexual battery against another student. As a result of the allegations, the Client was investigated by Detectives, and the University. The alleged victim filed
Show More

FEDERAL OFFENSE OF POSSESSION OF EXPLOSIVE DEVICE WHICH FIRE AMMUNITION DISMISSED

The Client was cited by the Federal government for Possession of an Explosive Device which Fire Ammunition. During the Pre-Indictment stage, Attorney Anthony Rickman immediately contact the U.S. Attorney’s Office to provide them with relevant
Show More