Law enforcement officers often give individuals who they suspect of operating a motor vehicle while under the influence of alcohol or drugs what is known as a field sobriety test.

The results of these field sobriety tests or field sobriety exercises are completely subjective in grading to determine if you are impaired, and by some, considered exercises of an abnormal nature. It is the arresting officers discretion  that determines whether or not you have passed or failed the field sobriety test or exercises.

If you have been arrested for a DUI ( Driving Under The Influence ), the officer has failed you regardless of how well you performed. Be mindful of this before agreeing to perform these field sobriety tests or field sobriety exercises.

The Walk and Turn

This is the exercise that requires you to stand with one foot directly in front of the other foot while the officer tells you the instructions of the field sobriety exercise, which you have never formally perform before if this is your first potential DUI ( Driving Under The Influence ) charge. If you lose you balance and move your feet while listening to the instructions - one point is scored against you. If you do not then perform the exercise flawlessly - it's another point scored against you. Receiving 2 points is all that is needed to fail this field sobriety test.

In this field sobriety test, The Officer is looking for the following:

Balance: Whether or not you are lifting your arms more than 6 inches from you side.

Heel to Toe:  Whether or not you your feet touch heel to toe as you walk. Only 1/2 inch space is acceptable. In this test there are nine steps forward, nine steps back, which gives you 18 chances to fail.

Turning Around: In this step, the officer is required to demonstrate how you are suppose to turn around. Often times incorrectly instructed, which leads to very few drivers doing this step correctly.

One Leg Stand

This field sobriety exercise requires the driver to stand on one leg for 30 seconds.  The office may not require that the driver count to 30 out loud, only hold his foot up while counting for thirty seconds.

In this field sobriety test, The Officer is looking for the following:

Swaying: While there is no measuring criteria (such as 2 or 3 inches from side to side) the officer expects you to stand perfectly still or the officer will assess a point against you.

Using Arms for Balance: losing your balance only once will cause almost anyone to sway or raise their arms, which will automatically give you two points and result in a failed sobriety test.

Hopping: If you are unable to hop on one leg without loosing your balance, you are on your way to failing the sobriety test.

Puts Foot Down: If you set your foot down numerous times during this 30 second exercise, you will fail the sobriety test.

Horizontal Gaze Nystagmus ( Also known as the "follow the pen test." )

While this field sobriety test is currently not allowed in evidence except by specially trained law enforcement officers, it is sometimes used to establish probable cause to arrest people for DUI. The officer holds a pen or similar object in front of your face and asks you to follow it with your eyes. The idea behind this test is that it will show the law enforcement officer when your eyes start the uncontrolled shaking call nystagmus.

Effective legal representation requires experience and dedication to protect the rights of those who have entrusted their legal options and rights, as well as maintaining the best interest of each client. Jeffrey A Herzog has successfully represented many Palm Harbor and Southwest Florida area residents throughout the years in DUI Defense, and various other criminal defense legal matters.

Palm Harbor DUI Defense Attorney, Jeffrey A Herzog, and Attorney Melinda P. Tindell, vigorously fights for the rights of individuals charged with Driving Under The Influence - DUI - Offenses, throughout Southwest Florida and other types of Criminal Defense Cases.

Contact an experienced Palm Harbor DUI Defense Attorney at The Law Office of Jeffrey A Herzog at Toll Free: (866) 789-4002 to schedule a confidential consultation regarding your DUI Criminal Defense legal matters.