Should you consent to conducting Field Sobriety Exercises of SFST’s when you have been stopped and suspected of committing the crime of DUI or Driving While Under the Influence?
You will be asked by the officer to conduct the following Field Sobriety Exercises during a DUI investigation:
- One Leg Stand
- Finger to Nose
- Walk and Turn: this is where the officer asks you to walk 9 heal-to-toe steps down the line of the road, turn around and take nine heal to toe steps back up the line.
- Horizontal Gaze Nystagmus: the officer will ask you to follow a pin to the left, to the right, up and down. Nystagmus occurs when there is an involuntary jerking of the eye.
The Officer will look to see if you put your foot or feet down during the one leg stand. The officer will look to see if you miss your nose during the finger to nose exercise. The Officer will look for signs of impairment during the walk and turn exercise consisting of…Are you trying to steady your self, if you start before instructed to do so, do you not touch heel to toe, has space between the heel and toe, uses arms to balance, or an improper turn.
What signs of impairment for Alcohol or Controlled Substances is an Officer looking for during a DUI Investigation? The officer will look to see if you have bloodshot eyes, soiled clothing, fumbling of fingers, alcohol or drug containers, unusual actions, slurred speech, admission of drinking, inconsistent responses, abusive language, unusual statements, volume of radio, smell of alcohol, smell of breath sprays or mints or any other unusual odor.
Florida Law does not require you to submit to Field Sobriety Exercises during a DUI or Driving Under the Influence Investigation. Therefore, it is my opinion that if you consent to Field Sobriety Exercises during a DUI investiation you are simply “Auditioning for your Freedom!”
