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| There are many tests that the officer may give you. The rule of thumb is that if you fail the first test then the officer gives the person two more tests. This is to gain additional evidence that the person is drunk for probable cause. |
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| The first thing a Tampa dui lawyer will want to know is was the arrested person video taped. The performance on this video tape will most likely determine the outcome of the trial. It has been rumored that police departments and prosecutors review the video tape and make a determination if the video tape helps or hurts the case. Therefore it is critical that the accused is able to tell their tampa dui attorney if a video tape was recorded. The police officer if asked at trial will come up with an excuse as to why the video tape is not present; hammering on this point to the jury will help to unravel the field sobriety test evidence. |
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| Three most common tests ::.. |
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| Horizontal eye gaze :: The officer will hold his pen to the side of the persons face for an uncomfortable amount of time. Then take the pen to the opposite side of your head. He is checking for smooth pursuit. |
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| One Legged Stand :: Count to 30 seconds while on one foot. If your hands are raised it is one point. Two points is a failure. If your foot touches the ground it is a failure. |
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| Walk and Turn :: The officer will typically count to 9, walking toe to toe and then make a turn. One of the critical elements that people do not hear in the instructions which is usually intentional is that your hands have to be at your sides. This is an unnatural way to walk. Therefore any other point missing constitutes a failure. |
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