Can a Field or Roadside Sobriety Test be used against you in a DUI case? / AVVO / Best Answer / Michael A. Haber, Esq. **ARRESTED or **MIAMIDUI

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.