Accuracy, Honesty and Rights: Field Sobriety Tests in Florida

October 16, 2009

In Florida, if you're pulled over for a DUI, the officer will usually perform a Standardized Field Sobriety Test (SFST) and often a breathalyzer reading to secure a charge.

October 16, 2009 /24-7PressRelease/ -- Accuracy, Honesty and Rights: Field Sobriety Tests in Florida

Article provided by Arnold & New Law Firm
Visit us at http://www.arnoldlawfirmllc.com

In Florida, if you're pulled over under suspicion of DUI, the officer will usually perform a Standardized Field Sobriety Test (SFST) and attempt to secure a breathalyzer reading. The SFST is used to gauge the level intoxication and can provide probable cause -- leading to an arrest. Usually, a breathalyzer is used to confirm intoxication.

Occasionally, the breathalyzer will return a negative reading -- contradicting the results of a field sobriety test. There are many cases in which a driver has been arrested following a SFST and registered a completely legal BAC at the station.

This is usually an extremely frustrating experience and the accused driver may be curious as to whether they can pursue legal action against the arresting officer.

Establishing Probable Cause

The Standardized Field Sobriety Test establishes probable cause. Failing the SFST provides the officer with the evidence needed to suspect that you are guilty of DUI. At this point, you may be arrested.

Even if you are later cleared by breathalyzer or other tests, your failure to successfully complete the SFST gives the officer all the evidence that he or she needs to bring you in.

The SFST is completely based on an officer's discretion. Unfortunately, even if the test is improperly executed or misread, you may still be susceptible to a DUI charge.

System Abuse

Recently, in Chicago, an officer was accused with fabricating information in DUI cases -- making DUI arrests even when drivers were able to pass the SFST. What would an officer stand to gain from such dishonesty?

For many officers, court appearances equal money.

When an officer is subpoenaed for a DUI trial, they are eligible for overtime pay based on time spent in court.

In the mid-90's, the Miami Herald conducted an eight-month investigation into "Collars for Dollars" abuse among Florida police officers. In this case, officers would piggyback on another officer's DUI arrest, hoping to be subpoenaed.

While cities, like Jacksonville, Florida have regulations in place to prevent the practice of piggybacking, some arresting officers still have the potential of a larger payday with every DUI arrest.

What You Can and Should Do If Pulled Over

You should always be polite. Regardless of whether or not you've had anything to drink -- rudeness and refusal can come across as guilt. Especially in cases of SFST, the officer will have to use his or her judgment to determine probable cause -- it's best not to give any reason for doubt.

You have the right to refuse a breathalyzer test, however, under Florida law; refusal will result in a one-year license suspension for a first time refusal. A second refusal is a crime punishable by up to a year in jail.

If you are part of a crash "involving serious bodily injury or death," then you are required to submit to a blood test. If you refuse, the officer has the right to obtain one by force.

If you have questions about your rights following a DUI arrest, contact an experienced Florida DUI lawyer.

Article provided by Arnold & New Law Firm
Visit us at http://www.arnoldlawfirmllc.com

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