Should I Perform the Field Sobriety Exercises If I Am Suspected of Drinking and Driving?
In most DUI stops, no — you should not voluntarily perform field sobriety exercises without first speaking to a criminal defense attorney.
If a police officer in Fort Myers, Cape Coral, Lee County, Collier County, or anywhere in Southern Florida asks you to perform roadside exercises, you should understand what is really happening. These exercises are not designed to help you. They are designed to help the officer gather evidence for a DUI arrest.
A calm response is:
“Officer, I respectfully decline to perform any field sobriety exercises.”
Do not argue. Do not be rude. Do not physically resist. Simply decline clearly and politely.
Are Field Sobriety Exercises Required in Florida?
No. Roadside field sobriety exercises are generally voluntary in Florida. These may include the walk-and-turn, one-leg stand, finger-to-nose, alphabet exercise, counting exercise, or following a pen or light with your eyes. Refusing roadside exercises is different from refusing a lawful breath, blood, or urine test under Florida’s implied consent law. Florida’s implied consent statute applies to chemical or physical breath, urine, or blood testing after certain legal requirements are met, and refusal can be used in criminal proceedings.
That distinction is important. Field sobriety exercises are roadside performance tests. Breath, blood, and urine tests are chemical or physical tests governed by Florida’s implied consent rules.
Why Field Sobriety Exercises Can Hurt You
Many people believe they can “prove” they are sober by doing the exercises. In reality, these exercises are difficult even for sober people.
You can appear to “fail” because of:
Poor lighting, uneven pavement, traffic noise, flashing police lights, nerves, fatigue, anxiety, age, weight, balance problems, back pain, knee problems, foot injuries, medical conditions, weather, confusing instructions, or the officer’s subjective interpretation.
Once you perform the exercises, the officer may write in the report that you swayed, stepped off the line, raised your arms, started too soon, misunderstood instructions, put your foot down, or failed to follow a stimulus properly. Those observations can later be used by the prosecution as evidence of impairment. Attorneys are crucial for legal help with matters like this.
What If the Officer Says I Have to Do Them?
Stay calm and repeat:
“I respectfully decline to perform field sobriety exercises. I would like to speak with my attorney.”
Do not debate the law on the roadside. The side of the road is not the place to win your DUI case. If the officer arrests you anyway, your attorney can later challenge the stop, the officer’s observations, the arrest decision, and any evidence obtained afterward.
Can I Still Be Arrested If I Refuse?
Yes. Refusing field sobriety exercises does not guarantee that you will avoid arrest. The officer may still claim there was probable cause based on driving pattern, odor of alcohol, speech, eyes, admissions, video, witness statements, or other observations.
But refusing the exercises may prevent the state from gaining additional performance-based evidence to use against you.
What About the Breath Test?
Field sobriety exercises and breath testing are not the same thing.
Florida’s implied consent law states that a breath test must be incidental to a lawful arrest and requested by a law enforcement officer who has reasonable cause to believe the person was driving or in actual physical control of a vehicle while under the influence. Refusal to submit to a lawful breath, urine, or blood test can carry serious license and evidentiary consequences.
That is why DUI cases require immediate legal attention. The decisions made during and after a DUI stop can affect your license, your criminal case, your record, and your future.
What Should I Do During a DUI Stop?
If you are stopped for suspected DUI:
Be polite. Keep your hands visible. Provide your license, registration, and proof of insurance. Do not admit to drinking. Do not guess how much you had. Do not explain where you were, where you are going, or when you last drank. Do not perform voluntary roadside exercises.
You can say:
“I am invoking my right to remain silent. I want to speak with my attorney.”
And if asked to perform field sobriety exercises:
“I respectfully decline to perform any field sobriety exercises.”
Why Call Fort Myers Criminal Defense Attorney Michael M. Raheb?
Fort Myers criminal defense attorney Michael M. Raheb has successfully handled hundreds of cases in state and federal courts throughout Southern Florida. He believes in aggressively attacking every part of the government’s case, including the traffic stop, the officer’s observations, the field sobriety investigation, breath or urine testing issues, probable cause, police video, witness statements, and constitutional violations.
Mr. Raheb has handled jury trials ranging from DUI and BUI to murder and aggravated sex battery. He previously served as an Assistant Public Defender, has filed dozens of writs of habeas corpus, and was an integral part of the appellate opinion Young v. Shoap.
He also served as lead defense counsel in one of Florida’s most publicized sexual battery cases, State v. Hiatt, where the defendant faced an offer of life in prison without parole. Mr. Raheb successfully defended his client, who was acquitted in less than three hours.
Contact Michael Raheb After a DUI Stop in Fort Myers
If you were stopped, investigated, arrested, or charged with DUI in Fort Myers or Southern Florida, do not assume the case is hopeless. DUI cases often turn on details: why the officer stopped you, what was captured on video, whether instructions were properly given, whether the officer had reasonable suspicion, whether probable cause existed, and whether testing procedures were followed.
Do not try to explain your way out of a DUI investigation. Do not perform voluntary field sobriety exercises. Do not face the prosecution alone.
Contact Michael M. Raheb today to arrange a free consultation and begin protecting your rights immediately.
