Arrested After Refusing the Field Sobriety Test
This scenario may go something like this.
You were driving and stopped by the police.
As soon as you roll your window down the officer asks for your driver’s license and then proceeds to ask if you have been drinking.
You admit that you had one drink.
The officer then asks you to step out of the vehicle.
“I want to make sure you are okay to drive so I would like to check your eyes”
You agree because you only had one drink and do not feel the effects of alcohol.
HORIZONTAL GAZE NYSTAMUS
The Horizontal Gaze Nystagmus or HGN is a standardized test used by law enforcement to detect an involuntary jerking of the eyes.
Now you are asked to stand with your feet together and told to keep your hands at your side.
The officer places a pen about six inches from your face.
The pen has a light on the tip end.
You are asked to follow the tip of the pen with your eyes and your eyes only.
You follow the instructions and move your eyes right to left and left to right several times.
You feel you are standing straight and not moving your head.
You feel you are not swaying or losing your balance.
Then the officer asks you if you are willing to do some Field Sobriety Exercises.
FIELD SOBRIETY EXERCISES
The Field Sobriety Exercises were developed by the National Highway Transportation Safety Administration (NHTSA) to find clues of impairment by administering a battery of tests consisting of HGN, the walk and turn test, and the finger to nose test.
You think that I only had one drink. Why should I take this test?
As you ponder the question, the officer tells you that if you refuse, he/she will base his/her decision on the observations thus far.
You are not comfortable with all this and refuse to take the test.
The officer then places you under arrest for suspicion of Florida State Statute 316.193 DUI.
WHAT HAPPENS NEXT?
If you have been arrested for DUI and would like to discuss your case, we offer complimentary consultations. Call Venessa Bornost, P.A. (727)330-7800