Most people are familiar with the concept of driving under the influence (DUI) checkpoints. This is just one of the methods law enforcement agencies employ to try to catch drivers who are under the influence of drugs or alcohol while driving a car. They do this by setting up a temporary roadblock, often simply by placing one or two police cars along a highway, with officers stopping vehicles at random to question drivers, check driver’s licenses, assess whether the driver appears to be intoxicated or to determine whether to detect the odor of alcohol.

Thousands of unlucky drivers have spent the night in jail, and subsequently been convicted of DUI, by using these DUI road blocks. Many times the driver can be completely sober and just have a couple of beers with friends or a glass of wine or two with dinner. However, with Florida’s standard blood alcohol content (BAC) level of .08, it doesn’t take much for someone who has had a couple of drinks to face a DUI charge. Therefore, it is imperative to remember a couple of things if you find yourself in this situation.

Always be courteous. If you become aggressive, not only will you make the police nervous, but there is a general perception that there is a link between aggression and drunkenness. They’re already looking at you suspiciously, so there’s no need to exacerbate the problem. In fact, you may have noticed that the policeman is watching you very closely, to the point of being a bit creepy. From the moment the police officer suspects that he may have been drinking, he is watching him for signs of drunkenness.

The first of these evaluations is called horizontal gaze nystagmus. According to the National Highway Traffic Safety Administration, HGN is “an involuntary twitching of the eye that occurs naturally when the eyes look to one side. However, when a person is impaired by alcohol, nystagmus is exaggerated and can occur at smaller angles. A person with an alcohol problem also often has difficulty following a moving object smoothly.” This is why officers will often ask you to follow a pen or some other object with your eyes as you slowly move it back and forth. He or she is checking if her eyes can follow the object smoothly. There are other science-based factors that are used, such as the amount of deflection and the angle within 45 degrees of center at which the shake begins. This is something an officer can only guess at in the field without scientific testing equipment, however it is still considered a valid assessment by law enforcement. In addition to screening for alcohol use, this method is also used to try to determine if someone has consumed any of the various prescription drugs.

Then, in all likelihood, you will be required to take a field sobriety test. I strongly recommend that you decline very politely. Claim sickness or infirmity if necessary, but it is NEVER in your best interest to comply with this request. This is because if you have ever tried to complete an FST, you know that it is practically impossible. In addition to the HGN test, officers perform two other nearly impossible tests as part of the field sobriety test.

The first of these is the walk and turn test. The suspected drunk driver is told to take a series of heel-to-toe steps while walking in a straight line. Then he must turn and repeat the process in the direction he came from, in the same way. The officer then looks for the following: the driver’s ability to follow directions; the driver moves forward before full instructions are given; the driver stops in an effort to regain balance; inability to walk from heel to toe; need to use arms for balance; the driver cannot make a smooth transition as he turns; or the driver does not take the correct number of steps, as requested by the officer.

The second of these tests is known as the one leg stand test. As expected, the driver is told to stand with one foot raised about six inches off the ground while he counts out loud. The officer allows this for 30 seconds while watching the driver so he can see if he sways, uses his arms for balance, jumps, or places his foot on the ground to avoid falling. How many people do you know who can do this even with effort, let alone with ease?

Both tests are considered tests of divided attention. The idea behind them is that someone with a disability will have difficulty following directions while engaging in physical activity. I know several people who have difficulty doing two things at once while perfectly sober, especially when you combine those efforts with the nervousness and anxiety that are sure to come from being questioned by the police. Failure to accomplish any of these actions could be due to individual issues or a combination of factors. These include attention deficit disorder, lack of balance due to a physical condition, a simple lack of grace, and even being overweight can make many of these things difficult or even impossible. Although law enforcement claims to look for drivers who fail to comply with two or more of these actions, that can easily happen because of something as seemingly insignificant as having an old basketball injury.

Sometimes during these roadblocks, K-9 officers will also be present. The goal is for the K-9 to ‘warn’, thus indicating that the dog detects an illegal substance. Of course, this results in a mandatory search of the car, as the state of Florida has determined that when a K-9 indicates to their driver that an illegal substance is present, this establishes probable cause to conduct the search. . That’s how it is. Unlike your home, this is all that Florida requires to allow a search of your vehicle.

I will never advocate drunk driving, however the system is structured so that one drink can end up costing you your driver’s license, your job, or just a bunch of money. It is NOT illegal to drink and drive in Florida; it is illegal to be drunk and drive. Unfortunately, the system has been skewed by things as arbitrary as roadside sobriety tests, and more often than not, law enforcement treats drivers who’ve only had a drink as if anyone who drank was undoubtedly drunk. .

Consequently, consenting to an FST or breathalyzer will almost always work against you. Instead of providing law enforcement with evidence to use against you, prepare to spend a night in jail, as this is bound to happen, and then call our office for a free consultation at 954-976-9888.