If you’re stopped for DUI in Fort Lauderdale or anywhere in South Florida, the officer may ask you to perform Field Sobriety Exercises (FSEs). These roadside tests are designed to detect impairment — but they’re flawed, subjective, and not legally required.
âť— Field Sobriety Tests Are NOT Mandatory in Florida
You can legally refuse to perform FSEs in Florida. Unlike a chemical test, declining these exercises does not lead to automatic license suspension.
But here’s the catch:
If you agree to perform them, the officer will almost always claim you “failed” — even if you’re sober. That’s because FSE results are influenced by:
Stress or anxiety
Uneven roads or poor lighting
Medical issues or physical limitations
Officer bias or misapplication
🔍 What Field Sobriety Exercises Are Used in Florida?
Police in Florida rely on a set of tests developed by the National Highway Traffic Safety Administration (NHTSA). Here are the most common:
đź‘€ Horizontal Gaze Nystagmus (HGN) – The Eye Test
The officer moves a pen or light side-to-side, watching your eyes for involuntary jerking.
Problems: Eye twitches can result from fatigue, medical conditions, or flashing lights — not alcohol.
🚶 Walk-and-Turn
Problems: Uneven roads, injury, or nervousness often lead to errors misread as “impairment.”
🦵 One-Leg Stand
You’re asked to stand on one foot and count out loud for 30 seconds.
Problems: Many sober people can’t do this — especially with inner ear issues, prior injury, or bad balance.
👉 Finger-to-Nose (Unofficial)
You touch your nose with alternating hands while your eyes are closed.
Problems: This test isn’t even standardized — and it’s often misused or misunderstood in court.
⏱ Romberg Balance Test
You estimate 30 seconds while standing still, eyes closed, head tilted back.
Problems: Stress, dizziness, or confusion can throw off timing — even for sober drivers.
⚖️ Can You Challenge Field Sobriety Tests in Court?
Yes. These tests are subjective, unreliable, and absolutely challengeable.
Common Defenses Include:
Officer didn’t follow NHTSA protocol
Medical conditions mimicked signs of impairment
Poor lighting, uneven ground, or distractions affected performance
Officer’s interpretation was biased or unsupported
A skilled DUI defense lawyer can often get these test results suppressed — making it harder for the State to prove guilt beyond a reasonable doubt.
👨⚖️ Arrested for DUI in Fort Lauderdale? Act Fast.
If you’ve been charged with DUI based on field sobriety tests, do not assume the case is hopeless.
We challenge flawed police procedures, discredit unreliable test results, and fight aggressively for dismissals or charge reductions.
đź“ž Call Fort Lauderdale DUI Attorney Michael White today at (954) 613-8142
🛡️ Free consultation. 24/7 availability. Proven results.
đź’¬ Frequently Asked Questions: Field Sobriety Exercises in Florida
Q: Are FSEs mandatory in Florida?
A: No. In Florida, Field Sobriety Exercises (FSEs) are completely voluntary. You can legally refuse to take them without facing an automatic license suspension.
Q: Can I be arrested if I refuse the tests?
A: Yes — but it limits the evidence they have against you.
Q: Do medical issues affect FSEs?
A: Absolutely. Vertigo, injuries, anxiety, and neurological conditions can all mimic impairment.
Q: Can these results be thrown out in court?
A: Yes — especially if the officer didn’t follow proper procedure.
Q: Will refusing FSEs make me look guilty?
A: Not necessarily. Prosecutors can’t argue that your refusal proves guilt. In fact, refusing FSEs can protect you from giving unreliable evidence that might be misinterpreted in court. A lawyer can often use that refusal in your favor.