St. Thomas Law Review
First Page
285
Document Type
Article
Abstract
If you drink alcohol and get behind the wheel of a vehicle, you dramatically increase your chance of being in a car accident. You also run the risk of being stopped by law enforcement and subjected to arrest and DUI charges. When law enforcement stops a vehicle based on a reasonable suspicion of DUI, probable cause must be established before making an arrest. Field sobriety exercises ("FSEs") are commonly used police procedures to establish that probable cause. Developing probable cause is of critical importance, not only because it is a prerequisite to a lawful arrest, but also because citizens who operate a motor vehicle in Florida are consenting to a blood, urine, or breath test upon a lawful arrest for DUI. Given that FSEs are an important tool in establishing probable cause for a DUI arrest, many Florida courts recently have faced the issue of what legal standard applies to a request for FSEs. This article presents a compilation of Florida case law addressing the aforementioned issue. Part I discusses the background and dictates of the Fourth Amendment, as well as the definitions of "search" and "seizure." Part II addresses the various theories that courts have established as to what standard is required for field sobriety exercises. Part III concludes with a discussion of which legal standard is correct and urges the Florida Supreme Court to consider and clarify the standard.
Recommended Citation
Amar V. Patel & Krysten A. Pogue,
Walk & Turn, Finger to Nose, One Leg Stand: Oh My - How Florida Courts Have Defined Field Sobriety Exercises,
26
St. Thomas L. Rev.
285
(2014).
Available at:
https://scholarship.stu.edu/stlr/vol26/iss3/2