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Can Field Sobriety Tests Be Successfully Challenged in Florida Courts?

September 11, 2025
By The Wiseman Law Firm

Perfectly Symmetrical Photo Of A Man Attempting A Sobriety Test On The Roadside

Field sobriety tests remain one of the most vulnerable pieces of evidence in DUI prosecutions, despite their widespread use by Florida law enforcement. These roadside evaluations, while appearing scientific, are actually subjective assessments prone to error and misinterpretation. Yes, field sobriety tests can be successfully challenged in Florida courts through various legal strategies that expose their inherent flaws and limitations.

At The Wiseman Law Firm, our founding attorney brings more than 23 years of proven, trial-tested experience to DUI defense cases. As a former prosecutor with nearly 40 jury trials, including high-profile cases in criminal courts, we understand how to identify weaknesses in field sobriety evidence from both perspectives. We use this insider knowledge to craft the strongest possible defense for clients facing DUI charges in Florida.

Understanding Field Sobriety Tests in Florida

Florida law enforcement officers typically administer three standardized field sobriety tests during DUI investigations. The Horizontal Gaze Nystagmus test examines involuntary eye movements, the Walk-and-Turn test requires walking in a straight line, and the One-Leg Stand test involves balancing on one foot. Officers score these tests based on specific criteria to determine impairment levels.

These tests were originally designed by the National Highway Traffic Safety Administration to provide standardized methods for detecting alcohol impairment. However, the tests require precise administration and scoring to maintain their validity. When officers deviate from established protocols or fail to account for external factors, the results become unreliable and challengeable in court.

Many factors beyond alcohol consumption can affect field sobriety test performance. Medical conditions, medications, fatigue, nervousness, poor lighting, uneven surfaces, and weather conditions all influence results. Officers must properly account for these variables, and failure to do so creates opportunities for successful challenges.

Common Challenges to Field Sobriety Tests

Several proven strategies can effectively challenge field sobriety test evidence in Florida courts. Each approach targets specific weaknesses in how tests are administered, scored, or interpreted:

  • Improper administration procedures: Officers must follow strict protocols when conducting tests, including providing clear instructions, demonstrating movements, and ensuring appropriate testing conditions.
  • Medical and physical limitations: Conditions like inner ear problems, leg injuries, neurological disorders, or age-related mobility issues can prevent accurate test performance regardless of sobriety.
  • Environmental factors: Poor lighting, traffic noise, uneven pavement, inclement weather, or inappropriate footwear can invalidate test results by creating unfair testing conditions.
  • Officer training deficiencies: Successful challenges often focus on whether the administering officer received proper training and certification in standardized field sobriety test procedures.

These challenges work by demonstrating that factors other than alcohol impairment caused poor test performance, creating reasonable doubt about the prosecution’s case.

The Science Behind Field Sobriety Test Challenges

Field sobriety tests have significant scientific limitations that defense attorneys can expose during cross-examination. The tests were validated under controlled laboratory conditions that rarely match real-world traffic stops. Research shows these tests have notable error rates even when administered perfectly, with some studies indicating accuracy rates as low as 65-77% for certain components.

The subjective nature of test scoring creates additional vulnerabilities. Officers make judgment calls about what constitutes failure, and these decisions can be influenced by confirmation bias or inadequate observation skills. Video evidence often reveals discrepancies between officer reports and actual test performance.

Medical research has identified numerous conditions that can mimic signs of impairment during field sobriety testing. Diabetes, hypoglycemia, inner ear infections, brain injuries, and certain medications can all cause symptoms that officers mistake for alcohol-related impairment.

How The Wiseman Law Firm Challenges Field Sobriety Evidence

Attorney Simon Wiseman has successfully handled misdemeanor and felony cases throughout his career, developing comprehensive strategies for challenging field sobriety tests. Our approach examines every aspect of the testing process, from initial officer observations to final scoring decisions. We analyze video evidence, review officer training records, and consult medical professionals when necessary to build the strongest possible defense.

We make ourselves available 24 hours a day because we understand that DUI arrests require immediate attention. Our top-rated service focuses on providing personal attention while fighting aggressively for the results you deserve. From breath and blood tests to field sobriety challenges, we examine every piece of evidence in your case. Contact us today at (407) 420-4647 or through our contact form to discuss how we can challenge the evidence against you.

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