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Are Field Sobriety Exercises Required By Law?

In Florida if you get pulled over for a DUI or driving under the influence, YOU DO NOT HAVE TO TAKE THE FIELD SOBRIETY TESTS!!! I repeat: You DO NOT have to take the field sobriety tests that the police will ask you to take. There is no law in Florida that requires any person to take the field tests. However, the police try to trick you into thinking you have to take them usually by telling you about the signature you signed on your driver’s license. That signature has nothing to do with taking the field sobriety exercises. That signature has to do with the implied consent law, which requires you to take any breath, urine or blood test, as required by law. It has ABSOLUTELY ZERO do with the field tests that entail walking the straight line, touching your finger to the tip of your nose, saying the alphabet, performing the walk and turn and so on. So, if you get pulled over for DUI, DO NOT TAKE THE FIELD SOBRIETY TESTS.

Politely advise that you are not required to take them by law and respectfully decline to do so. If you are being asked by an officer to take the field sobriety tests, you most likely are going to jail anyway so why give the police more evidence to convict you? Say no. You don’t have to take them. As far as the breath test goes, you can refuse that too, but the Department of Motor Vehicles will suspend your license for 12 months. However, your Jacksonville DUI lawyer can request a formal review hearing and attempt to get this 12 month suspension invalidated for you. If that is unsuccessful, then you can get a hardship license to drive to school, work, church, the grocery store or any other necessary locations. It is far better to refuse the field tests than to give the State of Florida concrete evidence against you. A DUI charge is the last opinion crime charge out there in my assessment. If you don’t take the field tests since you’re not required to, and you don’t take the breath test, you give the State nothing but the officer’s opinion in court. Opinions are not hard evidence and can be argued against all day long. Just remember, if you get pulled for driving under the influence (DUI), don’t take the field tests and tell the police that you wish to cooperate but that you would like your attorney present. That’s all. Keep repeating that as the police will continue to harass you into doing what they want you to do, but you just need to keep saying, “I wish to cooperate, but I want to have my attorney present when I do.”

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