Field sobriety tests in Fort Pierce are physical and mental assessments used by law enforcement to gauge a driver’s impairment. Law enforcement officers use field sobriety tests to gauge a driver’s balance, coordination, and ability to follow instructions to establish probable cause for a driving under the influence (DUI) arrest.
Jay Kirschner received specialized training from former law enforcement officers in administering National Highway Traffic Safety Administration (NHTSA) approved Standardized Field Sobriety Testing (SFST). (Platt & Assoicates)
Contacting a dedicated DUI attorney is important when challenging field sobriety test results and addressing the complexities of the DUI legal process. A criminal defense attorney could review the legality of the initial traffic stop, the manner in which evidence was collected, and whether law enforcement followed required procedures during the arrest and testing process.
Field sobriety tests in Fort Pierce fall into two categories: standardized and non-standardized exercises. Law enforcement typically uses three standardized tests developed by the National Highway Traffic Safety Administration (NHTSA):
Officers may also use discretionary exercises, such as asking you to touch the tip of your nose with your eyes closed, recite the alphabet, count backward, or stand with your feet together, head tilted back, and eyes closed.
Field sobriety tests are voluntary in Florida, and you may politely decline them without triggering the automatic license suspension that applies to breath tests. You are not required to answer questions about where you have been or how much alcohol you have consumed. However, you do not have the right to consult an attorney before deciding whether to participate in a roadside sobriety test.
Effective October 1, 2025, state law governing chemical tests changed significantly under Trenton’s Law. After a lawful arrest, refusing a breath, urine, or blood test now constitutes a second-degree misdemeanor. This criminal penalty applies only to post-arrest chemical tests, while refusing pre-arrest field sobriety exercises remains voluntary and non-criminal.
An officer may consider a refusal to perform field sobriety exercises as a factor when establishing probable cause for a DUI arrest. In many cases, poor performance on voluntary field sobriety tests forms the basis for probable cause, which then triggers mandatory and now criminalized chemical testing.
Sobriety tests in Fort Pierce provide subjective evidence of impairment that may support a DUI arrest and a mandatory request for a chemical breath or urine test. Although these tests are legally voluntary, your performance on them—or your decision to refuse—carries significant implications for potential criminal charges. An officer may still make an arrest based on other observations, including slurred speech, the odor of alcohol, or erratic driving.
If your case goes to trial, field sobriety test results often serve as a central component of the prosecution’s evidence. Prosecutors rely on recorded performance to portray physical and cognitive impairment to a jury. These results are not foolproof and could be challenged by a defense attorney based on the circumstances of the test and the officer’s administration.
A lawyer could review whether the officer followed NHTSA guidelines, argue for inadmissibility when procedures were flawed, and respond to claims that a refusal implied guilt by identifying other reasons a person might decline testing. An attorney could also analyze video evidence, challenge the legality of the stop, and rely on expert testimony to dispute the validity of the tests. Speaking with a Florida DUI lawyer may help address the subjective nature and potential misuse of field sobriety testing in a criminal case.
Field sobriety tests in Fort Pierce can be affected by various factors, including environmental conditions, medical conditions, nervousness, and even the driver’s footwear. A lawyer can question the officer’s administration of the tests and training. Because field sobriety tests are voluntary, a lawyer can argue to exclude the results (or the refusal itself, which generally cannot be used as evidence of guilt in court) as evidence against you.
A skilled lawyer may be able to negotiate reduced penalties, pursue alternative sentencing options, or challenge DUI charges based on weak evidence or procedural errors. Contact Fort Pierce Criminal Lawyer Jonathan Jay Kirschner to request a confidential case consultation.
