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Field Sobriety Tests

Field Sobriety Tests in Tampa, FL

Submitting to Tests During a DUI Arrest

Field sobriety tests play a major role in a DUI arrest. An officer may use the results of a field sobriety test as evidence that individuals were driving while under the influence of drugs or alcohol. This is the same for chemical blood alcohol concentration (BAC) tests, such as breath, urine, and blood samples. However, did you know that you have the right to refuse to submit to a field sobriety test if asked to do so by a police officer?

At Parks & Braxton, PA, our Tampa DUI defense lawyers have 40+ years of collective experience handling thousands of DUI cases. As former prosecutors, we know the ins and outs of DUI law—and we also know that evidence brought against individuals in a DUI case may easily have been misconstrued or improperly collected. If you submitted to a field sobriety test during a DUI arrest, contact our firm immediately!

Refusing to Take Field Sobriety Tests

Many individuals believe that refusing to submit to a field sobriety test is an incriminating move, or may result in an immediate penalty under the Florida law of implied consent. However, refusing to submit to a field sobriety test does not automatically incriminate you, nor does it violate the law of implied consent (Florida Statutes 316.1932). Automatic license suspension only occurs during a DUI arrest if you refuse to submit to a chemical BAC test.

Deciding to Take/Refuse Field Sobriety Tests

Although individual circumstances may dictate one choice over the other, the decision to take a field sobriety test does not give someone a distinct advantage over refusing to take a field sobriety test. If the police officer suspects you are driving under the influence, they may still find reason to arrest you, and the results of a field sobriety test may only serve as evidence against you in court. Even if the officer uses your refusal as reason to suspect you are intoxicated, that evidence is not enough to convict an individual of DUI.

Strengthening Your Defense in Court

A DUI may result in a criminal conviction with penalties such as:

  • A jail sentence ranging from 6 months to 5 years
  • Monetary fines ranging from $1,000 to $5,000
  • Automatic license suspension for a minimum of 6 months
  • Parole and drug rehabilitation programs

A DUI conviction is a serious mark on the criminal record that can have affects lasting for the rest of a person's life. Our Tampa DUI lawyer helps clients fight DUI charges by challenging the evidence brought against them in court, including field sobriety test results. As former prosecutors, our attorneys knows how the other side thinks, and they are able to prepare stronger defenses because of this.

Secure Proper Legal Protection—Call 888-667-1273

When it comes to a DUI charge, you want to secure the guidance of a criminal defense team that has experience handling complex cases with success. At Parks & Braxton, PA, we have had continued success in DUI defense and criminal law matters of all kinds. The field sobriety test may play an important role in your case, but we know that the prosecution may use any number of tactics to secure a conviction. We make it our mission to challenge misconstrued evidence and minimize the penalties our clients may suffer, if not to have their case dismissed entirely.


We have handled thousands of DUI cases. Schedule your free consultation today and find out how our DUI attorney in Tampa may help you!


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To save your license, you must act within 10 days. Contact a partner about your case by calling 813.708.5388, or fill out the form here.

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