Some are admissible, some are not. Generally speaking, tests are admissible it they conform to established guidelines under Florida Law.
However, if the tests are not administered correctly, your attorney may be able to file a Motion to Exclude some, if not all of the Field Sobriety Exercises from being admissible in court. I’ve done that many times.
In addition, some commonly used tests—like the “pen test” otherwise known as Horizontal Gaze Nystagmus and Vertical Gaze Nystagmus Test is not admissible unless the DUI or BUI investigating officer is specially trained as a Drug Recognition Expert, which they rarely are.
If you or a family member has been arrested for drunk driving, give me a call at (850) 362-6655 and talk about what you’re facing and what I may be able to do. The call is free.
Our Locations
Fort Walton Beach, FL.
Thomas Shawn Lupella P.A.
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547
Destin, FL.
Thomas Shawn Lupella P.A.
3997 Commons Drive West
Suite I
Destin, FL 32541
Crestview, FL.
Thomas Shawn Lupella P.A.
891 South Ferdon Boulevard
Crestview, FL 32536
DeFuniak Springs, FL.
Thomas Shawn Lupella P.A.
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433