Client was stopped for speeding and running a stop sign. The police officer alleged my client refused field sobriety tests and a breath test. On the day of trial, Mr. Schwartz was was able to secure a dismissal (nolle prosse) of all charges.
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Client was involved in a minor traffic accident. The police were called to the accident and then a DUI investigation ensued. As a result of the officer's investigation, my client was arrested for DUI and Careless Driving. He refused the field sobriety tests and the breath test.
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Client was charged with Driving Under the Influence as a result of being pulled over for failure to maintain a single lane and making a wide left turn. She subsequently performed poorly on field sobriety exercises and blew a .222 and .209 (almost 3x's the legal limit).
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Client was pulled over by police for weaving in and out of traffic. He performed poorly on the field sobriety exercises and was arrested for driving under the influence. He blew over two times the legal limit (.190/.192).
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Client was stopped by police for failing to maintain a single lane. Police observed glassy and bloodshot eyes, poor manual dexterity and smelled a strong odor of alcohol.
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CASE DESCRIPTION: DUI/Careless Driving
RESULT : ALL CHARGES DISMISSED
CASE DESCRIPTION: DUI and Careless Driving RESULT: CHARGES DISMISSED
CASE DESCRIPTION: Driving Under the Influence
RESULT: REDUCED TO RECKLESS DRIVING
CASE DESCRIPTION: Driving Under the Influence
RESULT: BREAKDOWN TO RECKLESS DRIVING
CASE DESCRIPTION: Driving Under the Influence
RESULT: REDUCED TO RECKLESS DRIVING

DUI & Field Sobriety Tests (FST)

If a person is stopped by law enforcement in Florida for suspected driving under the influence (DUI), it is likely that law enforcement will ask the person to consent to a series of Field Sobriety Tests (FST). Field sobriety tests are heavily utilized by law enforcement to determine if a person is operating under the influence of drugs, alcohol, or both. These tests are agility and coordination based, as it is believed that if a person is intoxicated, his/her coordination will suffer. According to this logic, an intoxicated person will have a harder time satisfactorily completing field sobriety tests than a person who is sober.

In most states, only 3 field sobriety tests are classified as standard. These tests are the 1) horizontal gaze nystagmus test, 2) the walk and turn test, and 3) the one leg stand test. While law enforcement may request that suspected DUI offenders perform other field sobriety tests, only the aforementioned tests are considered standard and approved by the National Highway Traffic Safety Administration.

It is important to note that when people perform these tests, it is up to law enforcement officers to determine if the people “pass” or “fail”. Usually, if a law enforcement officer asks a person to perform the field sobriety tests, the officer already has some suspicion that the person is under the influence and is looking for further proof. Therefore, most people will benefit from not consenting to these tests, as field sobriety tests are voluntary in the state of Florida.

If you have questions about field sobriety tests and how these tests could impact the outcome of your DUI case, contact Hager & Schwartz, P.A. today to review your legal options and rights.

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Hager & Schwartz, P.A.
Miami DUI Defense Attorneys

Hager & Schwartz is a leading Florida law firm that is dedicated to representing individuals who have been charged with DUI and related offenses in Miami and surrounding areas. At Hager & Schwartz, we are knowledgeable lawyers who are extremely familiar with Florida DUI law and the Florida legal system. We are committed to providing every one of our clients with the defense and counsel they deserve.

For more information about how our reputable Miami DUI defense attorneys can help you, call our law office at 1-866-850-7575 or contact us via E-Mail today!

Hager & Schwartz, P.A. is proud to represent people who have been charged with DUI and related offenses in Dade County, Broward County, Palm Beach County, Collier County, St. Lucie County, Monroe County, and throughout the State of Florida.


Broward County Office
2450 Hollywood Blvd., Suite 105
Hollywood, FL 33020
Palm Beach Office
One Park Place
621 N.W. 53rd Street, Suite 420
Boca Raton, FL 33487
Fort Pierce Office
207 Orange Ave.
Ft. Pierce, FL 34950
Miami-Dade County Office
555 N.E. 15th Street,
Penthouse A
Miami, FL 33132
Volusia County Office
628 Peninsula Dr.
Daytona Beach, FL 32118-3829

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