If you are pulled over and suspected for DUI in Broward County Florida, the investigating officer will undoubtedly ask used to submit to roadside sobriety exercises. Many people unknowingly attempt to perform the one leg stand, finger to nose and heel-to-toe exercises despite there being no legal requirement to do so. These sobriety exercises are always recorded either at the scene via in car cam or at the breath alcohol testing facility in Broward County.
DUI roadside exercises can be powerful evidence.
According to DUI attorney William R. Moore, videotaped field sobriety exercises are often the most powerful piece of evidence that can be used by prosecutors to convict a DUI defendant. If performed correctly however, the value of this evidence shifts completely to the defense and is often used to acquit. It all comes down to how well the individual performs and to what extent it contradicts the written observations in the corresponding police report prepared by the investigating police officer.
DUI roadside sobriety exercises are completely voluntary.
Most people are not aware that roadside sobriety exercises are completely voluntary and that they do not have to submit. Police officers are clever when investigating a suspect in the manner in which they “ask” an individual if they wish to perform. Specifically, the language used is often something to the effect that the suspected driver may be able to dispel the officer’s belief that he or she is impaired by drugs or alcohol.
The truth, however, in 99% of all cases is that the officer, already having probable cause to believe that a DUI is been committed, is going to make an arrest and their reason for requesting roadside sobriety exercises is to enhance the likelihood of obtaining a conviction down the line.
Roadside sobriety exercises are extremely difficult to perform even by those who are completely lucid.
Roadsides are divided attention tests that have no resemblance to any physical activity performed naturally in a person’s life. They are not only unfamiliar by vast majority of people they are also difficult. Police officers make them look easy when demonstrating as they have practiced them thousands of times in anticipation of submitting them to suspects. This is not to say that they cannot be performed successfully. Attorney William Moore has seen thousands of videos whereby defendants, previously arrested for DUI, performed excellently. These cases almost always result in an acquittal regardless of accompanying intoxilyzer evidence to the contrary.
Should you submit to roadsides?
This answer depends solely on a suspects coordination, level of impairment, if any and their ability to follow instructions and ask questions if needed. If you don’t believe that you will successfully be able to perform the tests (exercises under the law) it is often best to decline, obviously. If you are of the opinion however, that you will be able to avoid an arrest by dispelling the officers belief after submitting to roadsides, remember that 99% of the time, the officer has already made the decision to arrest you and will do so regardless of your performance.