Defending Your Rights. Challenging Unreliable Evidence. Protecting Your Future.

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Are Field Sobriety Tests (FSTs) Mandatory in Florida?

No. You are not legally required to take field sobriety tests. Unlike breath or blood tests—where Florida’s implied consent law (Fla. Stat. § 316.1932) can impose license suspensions for refusal—FSTs are optional. Yet, many law enforcement officers present these tests as if compliance is expected or necessary.

As attorney Matt Landsman explains: “Florida law does not authorize an officer to force a driver to perform roadside sobriety exercises. And refusing to perform these tests is not a crime.”

Still, refusing can lead the officer to arrest you based solely on their observations—not objective evidence.

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Why Are Field Sobriety Tests Problematic?

FSTs are inherently subjective, meaning what one officer calls “failure,” another might not. External factors such as fatigue, nerves, medical conditions, or poor instructions can all impact results—even for sober drivers.

As confirmed in State v. Taylor, 648 So. 2d 701 (Fla. 1995), refusal to take FSTs may be admissible at trial, but the court upheld that refusal does not violate your constitutional rights.

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Types of DUI Field Sobriety Tests in Florida

1. Standardized Field Sobriety Tests (SFSTs)

The National Highway Traffic Safety Administration (NHTSA) has validated only three tests as “standardized”:

➤ Horizontal Gaze Nystagmus (HGN)

This test tracks eye movement for involuntary jerking (nystagmus). The HGN test is the first test typically administered during a DUI stop. It involves the officer asking you to follow a stimulus (usually a pen or finger) with your eyes while keeping your head still. The officer is looking for signs of nystagmus, which is an involuntary jerking of the eyes that can occur when someone is impaired by alcohol or drugs. Officers look for:

• Lack of smooth pursuit
• Jerking at maximum deviation
• Onset of jerking before 45 degrees

✅ Challenge Point: Improper administration or medical conditions like eye disorders can cause false positives.

➤ Walk-and-Turn (WAT)

You’re asked to walk heel-to-toe in a straight line, turn, and return. The Walk-and-Turn (WAT) test is another common field sobriety exercise. During this test, the officer will instruct you to take nine steps in a straight line, turn around, and then return in the same manner. The officer is looking for signs of impairment such as loss of balance, inability to follow instructions or inconsistent walking.

Officers watch for:

• Starting too early
• Loss of balance
• Not touching heel-to-toe
• Stepping off line

✅ Challenge Point: Poor lighting, uneven surfaces, or physical impairments can lead to mistakes unrelated to intoxication.

➤ One-Leg Stand (OLS)

You must raise one foot and count aloud for 30 seconds. The One-Leg Stand (OLS) test requires you to stand on one leg and hold the other leg about 6 inches off the ground for 30 seconds while counting aloud. The officer looks for swaying, using arms for balance, or putting your foot down.

Officers look for:

• Swaying
• Arm use for balance
• Hopping or foot down

✅ Challenge Point: Factors like vertigo, age, or fatigue can skew results.

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2. Non-Standardized Field Sobriety Tests

These tests lack NHTSA validation and are even more prone to inaccuracy:

• Romberg Balance Test – Stand with eyes closed, estimate 30 seconds. Subjective at best.
• Finger-to-Nose Test – Close eyes and touch nose with index finger. Coordination issues may not be alcohol-related.
• Alphabet Test – Recite or write part of the alphabet.
• Numbers Backward Test – Count backward. Anxiety often causes errors.
• Vertical Gaze Nystagmus – Similar to HGN, but less scientifically supported.

✅ Challenge Point: These tests are not legally standardized and can be excluded or minimized in court.

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Can You Fail a Field Sobriety Test While Sober?

Absolutely. According to NHTSA, even sober individuals can appear impaired due to:

• Anxiety or panic
• Poor lighting or footing
• Inner ear disorders
• Back or leg injuries
• Age-related balance issues

This is why it’s so critical to never assume that doing these tests will help you. Often, they do more harm than good—even if you’re completely sober.

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What to Do If You’re Asked to Perform a Field Sobriety Test

• Remain polite and calm.
• You may respectfully decline to perform FSTs.
• Do not argue with the officer at the scene.
• Call Landsman Law immediately to protect your rights and begin your defense.

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Your Defense Starts Now – Contact Matt Landsman

At Landsman Law, we’ve seen how FST results are twisted and used unfairly against drivers in Gainesville and throughout Alachua County. We know how to challenge:

• Improper administration of tests
• Officer bias and lack of training
• Medical or physical limitations
• Environmental conditions affecting test reliability

If you or a loved one were arrested for DUI based on roadside tests, you don’t have to accept the results at face value. Let Matt Landsman examine the evidence, protect your rights, and fight for the best possible outcome. Serving Gainesville, Alachua County, and surrounding areas.

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Helpful Resources:

• Florida Implied Consent Law: Fla. Stat. § 316.1932
• State v. Taylor, 648 So. 2d 701 (Fla. 1995)
• NHTSA Field Sobriety Testing Manual: www.nhtsa.gov
• Landsman Law Blog

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Matt Landsman, Gainesville DUI Defense Attorney — Because You Deserve a Fair Fight.