Understanding Your Rights and the Value of Legal Representation
Many drivers believe that passing a field sobriety test ensures they won’t be arrested for DUI. Unfortunately, that isn’t always the case. Florida law enforcement officers consider multiple factors when determining impairment, and even if you perform well on these tests, you can still be taken into custody.
At Murphy & Downs Law Offices in Melbourne, FL, we have represented clients who were arrested for DUI despite passing field sobriety tests. Understanding why this happens and how to fight the charges is crucial to protecting your rights.
The Role of Field Sobriety Tests in a DUI Stop
Are Field Sobriety Tests Required?
Field sobriety tests (FSTs) are not mandatory in Florida. You have the right to refuse them without automatic penalties. However, officers may still use other observations or chemical test results to justify an arrest.
What Do Field Sobriety Tests Measure?
FSTs are subjective assessments of a driver’s physical coordination and cognitive function. The most common tests include:
- Horizontal Gaze Nystagmus (HGN) Test: Following a moving object with your eyes to check for involuntary jerking.
- Walk-and-Turn Test: Walking heel-to-toe in a straight line, turning, and walking back.
- One-Leg Stand Test: Standing on one foot while counting out loud.
These tests can be unreliable due to external factors, medical conditions, or even nervousness, which is why passing them does not guarantee you won’t be arrested.
Why You Can Still Be Arrested for DUI After Passing a Field Sobriety Test
1. Officers Use Multiple Observations
Even if you pass the physical tests, law enforcement will consider other indicators of impairment, such as:
- Erratic or reckless driving behavior before the stop.
- The odor of alcohol or drugs detected by the officer.
- Slurred speech or delayed responses during questioning.
- Bloodshot eyes or unsteady movements when exiting the vehicle.
If an officer believes these factors indicate impairment, they can still proceed with an arrest.
2. Breath or Blood Test Results
While passing an FST may seem like a victory, officers often follow up with a breathalyzer or blood test to confirm intoxication. If you register a blood alcohol concentration (BAC) of 0.08% or higher, you can be charged with DUI regardless of how you performed on the field tests.
3. Preliminary Breath Test (PBT) Readings
Officers sometimes use portable breath tests during a stop. These devices are less accurate than official breathalyzer machines but may still influence the officer’s decision to arrest you.
4. Prior DUI Convictions or Suspicious Behavior
If you have a history of DUI offenses, an officer may be more likely to arrest you, even if you perform well on the tests. Similarly, any refusal to answer questions or cooperate may lead them to believe you are trying to hide impairment.
How a Private DUI Attorney Can Challenge Your Arrest
At Murphy & Downs Law Offices, we specialize in defending clients who were wrongfully arrested for DUI. If you passed a field sobriety test but were still charged, we can help by:
1. Reviewing Police Dashcam and Bodycam Footage
Video evidence may contradict the officer’s claim that you appeared impaired. We analyze all available footage to challenge their observations.
2. Challenging the Officer’s Interpretation
Since FSTs are subjective, we investigate whether the officer:
- Properly instructed and evaluated you.
- Considered external factors (poor lighting, road conditions, medical issues).
- Had any bias or prior assumptions before making the arrest.
3. Examining Breath or Blood Test Accuracy
If your BAC was measured, we:
- Review whether the breathalyzer was calibrated correctly.
- Check for improper administration of the test.
- Investigate chain-of-custody errors in blood sample handling.
4. Suppressing Unlawful Traffic Stops
If the officer lacked probable cause for pulling you over, any evidence obtained afterward—including the arrest—may be inadmissible in court.
What to Do If You Are Arrested for DUI After Passing an FST
1. Stay Calm and Do Not Resist Arrest
Arguing or resisting can escalate the situation and potentially lead to additional charges.
2. Exercise Your Right to Remain Silent
You are not required to answer any questions beyond providing identification. Anything you say can be used against you.
3. Contact a DUI Attorney Immediately
Time is critical in DUI cases. Calling Murphy & Downs Law Offices right away allows us to start building your defense, request bodycam footage, and challenge any unlawful procedures.
DUI Defense Frequently Asked Questions
Can I Be Charged with DUI If My BAC Is Under 0.08%?
Yes. Florida law allows DUI charges even if your BAC is below 0.08%, if officers believe you were impaired based on behavior and observations.
Can I Refuse a Field Sobriety Test?
Yes, you have the right to refuse FSTs without legal penalties. However, refusing a breath or blood test after an arrest can result in a license suspension under Florida’s Implied Consent Law.
What If I Refused a Breath Test?
Refusing a breath or blood test triggers an automatic driver’s license suspension but can also weaken the prosecution’s case due to lack of BAC evidence.
Can a DUI Charge Be Dismissed?
Yes. A DUI charge may be dismissed if:
- The traffic stop was unlawful.
- Field sobriety tests were improperly administered.
- Breath or blood tests were inaccurate or mishandled.
Do I Need a Lawyer for a First-Time DUI?
Yes. Even first-time DUIs carry severe penalties, including fines, license suspension, and possible jail time. An attorney increases your chances of reducing or dismissing the charge.
Charged with DUI After Passing a Field Sobriety Test? We Can Help.
Being arrested despite passing a field sobriety test is frustrating and unfair—but you are not out of options. At Murphy & Downs Law Offices, we have the knowledge and experience to fight back and protect your rights.
📞 Call us today for a free consultation and start building your defense.