Category: Traffic Offenses · Statute: F.S. 316.1933 · Source: Florida Legislature
Understanding Field Sobriety Test in Florida
In Florida, a Field Sobriety Test (FST) is a set of physical and mental exercises used by law enforcement officers during a traffic stop to evaluate whether a driver is under the influence of alcohol or drugs. While officers may utilize various informal exercises, the National Highway Traffic Safety Administration (NHTSA) recognizes three standardized tests: the Horizontal Gaze Nystagmus (HGN) eye test, the Walk-and-Turn, and the One-Leg Stand. These tests are designed to assess multi-tasking abilities, balance, and physical coordination, which are often impaired by intoxicating substances. Under Florida law, these roadside exercises are voluntary, meaning a driver can decline to perform them, though a refusal can be introduced as evidence of consciousness of guilt in a subsequent DUI prosecution.
While FSTs are typically conducted during routine traffic stops under suspicion of DUI, Florida Statute Section 316.1933 governs situations involving serious bodily injury or death. Under this statute, if a traffic crash results in grave injury or fatality, law enforcement is authorized to use reasonable force to obtain a chemical blood test, regardless of whether the driver consented to or performed roadside physical sobriety tests. This distinguishes standard voluntary roadside testing from mandatory chemical testing triggered by severe accidents. Ultimately, the officer's observations of a driver's performance on these tests serve as the primary basis for establishing the probable cause required to make a DUI arrest.
How Field Sobriety Tests Impact Bail and Pretrial Release
In Florida, poor performance on a Field Sobriety Test directly strengthens the prosecution's initial showing of probable cause, which is required to hold a defendant at first appearance. Because Florida utilizes a standard bond schedule for misdemeanor DUIs, a defendant can typically secure release quickly. However, if the FST results—combined with chemical tests or a refusal—indicate extreme impairment or are associated with a crash under F.S. 316.1933, the presiding judge at the first appearance hearing may impose strict pretrial release conditions, such as mandatory installation of an Ignition Interlock Device or continuous alcohol monitoring, before bail is approved.