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Field sobriety tests are an important part of any Lee County DUI case. Either in the absence of a breath or blood test result of .08% or greater or in addition to chemical test results, field sobriety test results will be used to prove a driver’s intoxication in a Florida DUI case.
To be deemed “intoxicated” or “under the influence” of alcohol and/or drugs, a person’s normal mental and/or physical abilities must be impaired. Field sobriety tests are used to prove this. However, what many may not know about field sobriety tests is that they are highly subjective to the officer’s opinion of your performance. It is difficult to judge specific set standards of passing or failing field sobriety test, and it is an often occurrence that an officer may not be trained in administering and scoring field sobriety tests.
There are three areas where a field sobriety test may go wrong: an anomaly in the test subject (the driver may have a physical condition which prevents him or her from passing a test), an improperly administered test or an external condition affecting the test subject’s performance (poor lighting, weather conditions, etc.)
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