In Florida, you can be arrested for DUI if you are found to have a blood alcohol level (BAL) of .08% or higher or exhibit behavior that shows your normal faculties have been impaired by drug or alcohol use behind the wheel. When you get pulled over for a suspected DUI, law enforcement officials may perform a series of tests to determine your BAL. However, not every test is created equal. Here’s what you need to know about the different types of DUI testing in Florida, along with the benefits and drawbacks of each.
Field Sobriety Tests
Field sobriety tests are physical tasks a law enforcement officer may ask you to perform to determine whether you’re intoxicated. These tests are designed to examine your balance and coordination. Common field sobriety exercises include:
Horizontal Gaze Nystagmus (HGN)
HGN tests require you to look at an object out of the corner of your eye. Usually, your eyes will jerk when looking out of the extreme corner of your eye. If you’re intoxicated, however, your eyes will exhibit this behavior at lesser angles.
Walk and Turn
A simple test where you’re instructed to walk in a straight line, turn around, and walk back.
One Leg Stand
Another common field sobriety exercise is to stand on one leg for 30 seconds while counting backward.
Field sobriety tests are the least accurate of all DUI testing and are highly subjective. Whether you pass the field sobriety test is solely based on the law enforcement officer’s assessment and discretion. There are several reasons you may fail a field sobriety test even without being intoxicated, such as medical conditions or environmental factors (like wet roads) that make performing the test challenging.
Breathalyzer Tests
A breathalyzer test is one of the most popular types of field sobriety tests. When taking a breathalyzer test, you’re asked to blow into a device that tests the BAL in your lungs. These tests can give false readings due to improper maintenance and inadequate training. Personal characteristics such as your normal body temperature, gender, prescription medication you’re taking, and medical conditions can influence test results.
Blood Tests
A blood exam is one of the most accurate DUI testing forms. Blood tests are performed by certified medical staff, either at a hospital or at the police station. Blood tests are highly accurate but may produce inaccurate results if improperly handled or stored. Blood DUI tests are typically only performed when you’ve been admitted to the hospital, and other forms of DUI testing are impractical.
Chemical Test
Chemical tests are often urine tests and are used to detect the amount of drugs or alcohol in your system. These tests are also only usually performed when you’re seeking medical attention for your injuries, and other DUI testing methods aren’t practical.
What Happens If You Refuse A Sobriety Test?
Florida Statute 316.1932(1)(a)1.a states that any driver with a Florida driver’s license has consented to take approved DUI testing, including breathalyzer tests. If you refuse to take a breathalyzer test, you may have your license suspended for up to a year and be charged with a misdemeanor. You’d also be ineligible for rehabilitation or diversion programs offered in exchange for a lesser sentence.
Can You Challenge DUI Test Results?
Yes, you can challenge your DUI test results. Any type of DUI testing could produce a false positive result. An experienced criminal defense attorney, like Alison M. Lopes, will review your DUI test results and the circumstances surrounding your testing to determine whether the DUI testing device was accurate and produced a proper result. DUI testing may be inaccurate because of improper collection procedures, uncalibrated equipment, inadequate training by law enforcement officials, or improper storage.
Fighting for Your Rights After a DUI
If you’ve been charged with DUI, it’s essential that you contact a criminal defense attorney like Alison M. Lopes to help defend your rights and appeal inaccurate test results. DUI charges are serious allegations that could impact the rest of your life. Contact us today at 407-442-2724 to discuss your case.