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Orlando Criminal Defense Lawyer > Blog > DUI > Should You Or Should You Not Participate In A Field Sobriety Exercise In Florida?

Should You Or Should You Not Participate In A Field Sobriety Exercise In Florida?


Florida Highway Safety and Motor Vehicles (FHSMV) reported that in 2020, 746 people in the Sunshine State died in car accidents where drugs, alcohol, or both were factors. Despite the fact that the death toll that DUI crashes in Florida caused in 2020 was 33% lower than the previous year, in 2019, FLHSMV is laser-focused on preventing DUIs and identifying intoxicated drivers to enforce the laws.

It can be confusing and scary to be pulled over by an officer that suspects you are intoxicated. You may not be able to organize your thoughts. You may not know your rights, and even more, you may not know what to do in such a precarious situation. If the officer asks you to engage in a field sobriety test, you have two options. Agreeing or refusing. But which one is the correct answer?

For questions after a DUI arrest in Florida and to secure aggressive criminal defense representation, the Joshi Law Firm, PA, has the Orlando DUI attorneys you want on your side. The legal team at Joshi Law Firm, PA, has extensive experience picking apart DUI cases and securing the most favorable outcomes for individuals facing DUI charges.

How to Handle Field Sobriety Exercises in Florida

A very common question people have about what to do and how to act if they are pulled over for a suspected DUI is whether they should agree to take part in a field sobriety exercise that is presented to them by law enforcement. The answer to this is no. It is probably not the best idea to agree to an FSE.

The reason for this is that an officer that suspects you are intoxicated and is asking you to take an FSE usually is prepared to arrest you regardless of your answer. Considering the flaws that exist with FSEs and how the outcome of such a test can be used against you in your DUI case, you are better off politely declining to engage.

Florida DUI laws do not require you to take one of these tests. So, it is your decision whether you take one or not, and taking one will likely not stop the inevitability that you will be taken to jail anyway. Also, the results could jeopardize your case.

If convicted of a DUI in Florida, a first offense will come with fines that may be as high as $1,000, and you may have to spend many months in jail. There are other penalties, too, including community service, car impoundment, and license suspension, and that is not all.

Call a Florida DUI Defense Lawyer Today

You may think that complying with an FSE is the right move and that your cooperation will help you look less guilty of your charges. However, several legitimate reasons exist as to why a person would decline to do an FSE that can be explained in court. Besides, even though these tests are unreliable, they could still harm your case.

For help after a DUI arrest in Florida, the Orlando DUI defense lawyers at Joshi Law Firm, PA, can evaluate your case and discuss a strategy that can help you obtain the best results. Call today to schedule a free consultation at (407) 661-1109.



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