Saturday, October 11, 2014

DUI / FST / Field Test / Roadside Test / Sobriety Test / Evidence / Cops / Police / Testimony / AVVO / Michael A. Haber, Esq, **ARRESTED / **305DUI

Q:  Could a field test be used against you in a d.u.i. refusal case.  I did not understand what was being ask of me to do because the demands were confusing so the officer and I was conversing as I was asking him "do I do it like this" before I actually performed the test now as I gain more knowledge of these sort of cases I feel it could be used against me is that so ?


Michael Adam Haber


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Answered Roadside / Field sobriety exercises are abnormal tests which are allegedly designed to test one's normal faculties. Law enforcement touts them as the be all and end all of tell-tale signs of impairment, and prosecutors argue until they are blue in the face that any physically capable and sober soul can and should pass them, so the fact that you "failed to perform to standards" proves that you, my friend, were DUI. Defense attorneys, on the other hand, know that fst's are nothing more than a set-up (i.e. utter bullcr*p) and, if trained properly, should be able to demonstrate to a jury that whether you can hop on one leg and touch the tip of your nose while singing the Star Spangled Banner (obviously I am being facetious and exaggerating) has no bearing on your ability to safely operate a motor vehicle.

That said, fst's, or more accurately, your performance on them - as subjectively rated by law enforcement, can and will be admitted into evidence against you. This will be coupled with the police officer's allegations of your driving pattern (i.e. why you were stopped) as well and with any other observations that (s)he may claim to have made (i.e. what you looked like, how you spoke, walked, responded to requests, were dressed, smelled, sounded, and on and on and on.... until s(he) has testified exactly as s(he) was trained at the police academy in the 101 DUI block of classes.

If you are in a jurisdiction where fst's are videotaped then you will have the benefit of seeing what the jury will see, and if you are smart you will carefully - and objectively - look at it with your lawyer (after 21+ years of DUI work I can tell you that I have seen many videos that contradict law enforcement's testimony, but I also have to say that the vast majority of them confirm it) before you decide whether or not to roll the dice with a jury. If there is no video then you are back at square 1: Your word against that of law enforcement (and, as my esteemed colleagues have stated, the State's case will be bolstered by being permitted to argue "consciousness of guilt" - meaning that you refused because you knew that you would have blown over the legal limit had you taken the breath test).

The bottom line is that these cases are almost always slug-fests (tough fights), and, as in any fight, the better you train and prepare the better your odds at success. If you are not already represented by competent counsel then I urge you to get into someone's office yesterday. Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see - and click on the "Find A Lawyer" tab). 

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".

Be smart: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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