If you are requested to take a field sobriety test in Florida, which officers do have the ability to request, you have the option to either do the fields or not. That is very much a function of an individual. We often say in the criminal defense world that field sobriety tests are not really tests. They don’t actually indicate whether you’re truly impaired or not. Oftentimes, they’re much more tests of things like physical dexterity and coordination. If someone is physically fit and if they have good balance and they’re someone who would do well on those, it may not even matter whether they are intoxicated or not. It might make sense to do fields. If someone is clumsy or has medical conditions or things of that nature, they may not perform well on field anyways, so it is, again, a strategic consideration that’s really up to an individual as to whether they think it is going to be beneficial or harmful for purposes of an ultimate DUI prosecution.
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