Broward DUI Lawyer William Moore’s clients often come to him after they are pulled over and blow a 0.08 or higher on a breathalyzer. However, this is not the only way police make a determination of intoxication. Although a blood or breath alcohol reading of at least 0.08 automatically demonstrates intoxication in accordance with Florida DUI statute, you can also be arrested for driving under the influence if your reading is under 0.08 but you are too impaired to drive. For example, this may occur if you blow a lower reading, such as 0.06, or if the police believe you are under the influence of an intoxicant other than alcohol. Despite the widespread use of field sobriety tests, however, Broward DUI defense attorney William Moore Criminal Defense believes that the results of these tests are not always reliable. The results of field sobriety tests can be challenged on several grounds, including improper “grading” or incorrect administration by the officer.
In the following video, you can see examples of field sobriety tests commonly administered by police officers. In this case, the officer describes the ‘walk and turn test’.
This video shows the ‘walk and turn’ field sobriety test in a real-life situation. A state trooper pulled over an intoxicated driver and administered field sobriety tests to make a determination as to whether she was driving under the influence. She was stopped due to swerving and erratic driving. In this case, the driver failed the field sobriety tests and was placed under arrest for DUI:
Other common tests a Broward police officer may use to determine your sobriety include the ‘one leg stand,’ in which you will be asked to stand on one foot in order to check your balance. The officer may also test your horizontal gaze nystagmus, which is a fancy way of determining if your eyes properly follow a moving object. For example, a person who has been driving under the influence may be unable to follow the object smoothly. This effect can also be seen in an individual who is extremely sleepy.
If you have been arrested for DUI in Broward, Fort Lauderdale-Dade, or Broward County, contact our office as soon as possible to challenge your DUI.
Fort Lauderdale DUI attorney William Moore has provided comprehensive representation to thousands of DUI defendants in south Florida. If you have been charged with DUI in south Florida, contact William Moore Criminal Defense, P.A., which has an experienced Fort Lauderdale DUI lawyer with offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.
This article should be used for informational purposes only and should not be construed as legal advice nor as implied representation of any person.
Article contributed by Mallory Shipman, Esq.