Field Sobriety and Breath Tests in Florida DUI
Since the consequences of failing a field sobriety test or breath test — or refusing to take them — are very serious, you need a dedicated advocate and DUI defense lawyer on your side.
Attorney Mark Anthony Gager has more than 20 years of experience and an understanding of DUI law that can make a difference in your case. In every DUI case, we analyze all of the field and breath test evidence in depth. Depending on the evidence and our client's needs, we determine legal options and develop a strategy.
For a free consultation, call (321) 724-5600 or e-mail our firm.
Field Sobriety Tests
There are many types of field sobriety tests used by officers to determine whether a driver is impaired and driving under the influence. These tests are used in the field, i.e. on the side of the road, and most often include walking the line, counting balance, and the Horizontal Gaze Nystagmus (the pen in front of your eye test).
Most DUI arrests and field sobriety tests are videotaped by a camera in the police officer's car. We examine this video evidence to determine how our client appears: whether he or she was stumbling and slurring words or capably walking and talking. When our client appears to be in control and not under the influence, we can challenge the field sobriety test results or breath test results.
Breath Tests
The most common way police officers determine and prove alcohol impairment is through a breath test like a Breathalyzer. This breath tests theoretically determines the percentage of alcohol in your blood, or your blood alcohol content (BAC) level. You may also be asked to submit to a blood test or urine test, which are often more reliable measures. The BAC legal limit for adults is .08 percent. If you are under 21 years of age, your license will be suspended if you blow over.02 percent.
In many cases, it is better to politely refuse and NOT take field sobriety tests or breath tests — but this depends on a person's history and unique facts about the individual situation. Regardless of whether you took field sobriety or breath tests or not, we can help. Mark Anthony Gager has the experience and knowledge necessary to get you the best possible outcome depending on the facts of your case.
For a free initial consultation with DUI defense attorney Mark Anthony Gager, call (321) 724-5600 or e-mail our firm.
