Florida DUI Attorney

Miami Florida DUI defense

Call Miami DUI Attorney Jonathan Blecher at 305.670.1800 and set up a free consultation to discuss your case. We have over 28 years of experience in handling DUI cases and will put our experience to work for you.

In addition to breath test results, prosecutors will attempt to prove a DUI arrestee’s normal faculties were impaired by showing performance on the roadside sobriety exercises.

Don't be fooled. No matter how agile, the odds of you someone passing these exercises is bad. These tests are designed for failure. People who have had nothing to drink fail these tests.

Each will not only test your physical ability but also your mental abilities. Imagine yourself walking the plank while at the same time being required to remember the names of the 13 Original Colonies and you will have some understanding of what it is like to undergo the Standard Field Sobriety Exercises.

For example, during the “Walk-and-Turn” exercise the driver is instructed to stand in a ready stance with heel touching his toe and hands at sides. He must remain in this position during the instructions. Then, he is then instructed to walk nine steps touching heel to toe on each and counting aloud each step. At the end of nine steps the driver is instructed to make a turn consisting of four small steps, then proceed to take nine steps back to the start, again touching heel to toe with his hands at his sides.

This isn’t easy. There are over eight ways to show a sign of impairment on each step. And with eighteen steps and one turn that number of chances to fail is 145. You only get one chance to get something wrong. Two "cues" will constitute a failure of that test. So, if you raise your hands from your sides over six (6) inches on the first step that is one mistake.

If you raise your hands one more time, or even if you fail to put them down on your second step, that's two cues and you fail.

Think back to grade school. If you scored 143 out of 145 that would be a 98% and you would probably get the highest grade in that class. A 98% on the walk-and-turn test is an F.

This scenario is very similar on all other Roadside Sobriety Exercises. Each has a variety of instructions and actions. Each one is designed to make you fail and provide further evidence for the police to use against you.

If you have been asked to exit your vehicle the officer believes he has enough evidence already to arrest you for DUI. Therefore, taking these exercises and even passing them will not ensure that you will be going home. It is to your advantage to refuse these exercises. They are not mandatory and your license will not be suspended for a refusal. Ask the officer if they are voluntary, which they are. When he says “Yes.”, which he will 95% of the time, your refusal cannot be used against you.