In Florida, if an officer suspects you are driving under the influence, they can pull you over and request that you partake in a series of field sobriety tests. There are three tests that officers use to help them gather evidence for a DUI case: the horizontal gaze nystagmus, walk-and-turn and the one-leg stand.
However, they are not completely foolproof. Sometimes external factors can influence your performance, potentially flagging you for positive results. This can happen even if you are completely sober. With this in mind, it is important to watch out for the factors that can affect your results.
Common reasons for false positives
Officers use field sobriety tests to measure a driver’s physical and mental impairment to determine if they are fit to be on the road. These give officers an idea of your balance, coordination and ability to multitask. Despite this, some external factors can affect how well you do:
- Being thrown off balance by uneven ground
- Anxiety
- Loud sounds, bright lights and other distractions
- Disabilities, injuries or conditions impairing your balance
- Harsh weather
- Your age or your weight is making it difficult to complete the tasks
There is also a lot of potential for human error when it comes to field sobriety tests. The officer observing you might not do so properly. Similarly, you might receive unclear instructions and perform your tasks incorrectly, leading to false positive results.
What should you do if you get a false positive result?
If you receive a false positive after a field sobriety test, it is important to remain calm and document all contributing factors. Take note of the location, especially the stability of the ground, and document the lighting, weather and traffic within the area.
Similarly, take note of any physical or mental conditions or injuries that might affect your results and provide medical records and doctor’s notes. This can help you explain any conditions that might resemble intoxication. You can also take part in chemical tests, as their results are typically accurate. In Florida, if an officer arrests you for DUI, you legally consent to chemical tests due to implied consent laws.
Challenging DUI charges after a false positive
Dealing with false positive results can be a stressful experience. The key to challenging a DUI charge after receiving false positive results from field sobriety tests is gathering the right evidence. Even if they help officers determine if you are driving under the influence, they are not foolproof and external factors can influence their results. By taking note of these factors and how they might affect your performance, you can strengthen your defense in court.
