If you’re stopped on suspicion of driving under the influence of drugs or alcohol, the police officer might request that you complete a field sobriety test. Generally, this evaluation would include three separate elements designed to give law enforcement personnel a better idea regarding a driver’s impairment. While you can legally decline to participate in a field sobriety test, the officer might use other evidence, such as your appearance or the scent of alcohol on your breath, to allege that you are intoxicated.
Whether you should submit to a field sobriety test depends on the specific circumstances, but the best way to protect your rights during any encounter with police is to obtain legal counsel as soon as possible. Trying to argue your way out of a problem or citing your position within the community usually does not help, as a Florida mayor recently learned.
In Naples, a resident called the police stating that he and his wife had been followed to their home by a woman who had been driving a silver Porsche erratically, almost causing two accidents. Once they arrived, the motorist stopped her car on the grass in front of their home and told them that she was the city’s mayor. As the woman appeared to be intoxicated, the homeowners called the police.
According to the police report, they approached Mayor Teresa Heitmann and administered the standard three-party field sobriety test. The report says that each of the following three test elements indicated that she was under the influence:
Horizontal gaze — When an officer moved a pen horizontally in front of her eyes, the report claims that Heitmann’s eyes had trouble following it.
Walk-and-turn — Instead of taking nine steps each while walking back and forth as instructed, police claim the mayor took 13 steps one way and 16 steps on the other.
One-leg stand — When asked to stand on one leg by the officer, Heitmann could only do so for about six seconds and had trouble restarting the test after losing her balance.
Based on the results, police gave Mayor Heitmann and two breathalyzer tests, which revealed blood-alcohol content levels of 0.155 and 0.169—well above Florida’s legal limit of 0.08. These results led to her arrest on suspicion of driving under the influence.
The arrest of a public official highlights the reality that DUI laws apply to everyone, regardless of status or position. Beyond legal penalties, a DUI charge can have a significant impact on one’s reputation and career.
For those facing drunk-driving charges, consulting with an experienced Florida DUI defense attorney is crucial. There are many reasons why someone might fail a field sobriety test when they are not intoxicated, such as pre-existing eye or balance problems. A seasoned attorney can review the circumstances of the arrest, challenge the validity of the evidence and work to reduce or dismiss charges where possible.
Joseph Montrone, Jr., P.A. in St. Petersburg represents Florida clients accused of driving under the influence and other criminal offenses. To discuss your legal options in a free consultation, please call (727) 617-6095 or contact me online.