When law enforcement officers suspect impaired driving in Florida, they may administer field sobriety tests. If this happens, they could ask you to participate during the traffic stop. However, your clothing and footwear might affect your ability to perform these tests. This may apply regardless of your sobriety.
How footwear affects your balance
Field sobriety tests often include balance exercises like the walk-and-turn and one-leg stand. High heels, platform shoes, flip-flops or worn-out footwear could make these tasks challenging even for completely sober individuals. Uneven surfaces combined with inappropriate footwear generally lead to poor test performance.
Clothing restrictions and mobility
Tight skirts, restrictive pants or heavy jackets can limit your range of motion during physical tests. If you cannot move freely, you might struggle with tasks that require stepping, turning or balancing. These limitations generally have nothing to do with alcohol consumption, but can affect how well you perform during field sobriety tests.
What you can do during a traffic stop
If an officer asks you to perform field sobriety tests, you might consider mentioning any clothing or footwear that could affect your performance. You can request to remove uncomfortable shoes or explain how your outfit restricts movement. Under National Highway Traffic Safety Administration guidelines, officers should give you the opportunity to remove heels that are more than two inches high.
Documentation may also matter if your case goes to court. Try to take note of what you were wearing and how it could affect your test performance. If available, dashcam or body camera footage could also provide visual evidence of physical restrictions due to your clothing. Keep in mind that not all agencies utilize this technology.
Remember that the standardized field sobriety tests are generally voluntary in Florida, which means you may refuse them. Be aware that your refusal might be used as evidence against you during your trial.
However, refusing chemical tests, such as breath or urine, is a second-degree misdemeanor. This action could come with legal penalties, including license suspensions. By operating a vehicle, you generally have a legal obligation to submit to chemical testing after a lawful DUI arrest due to Florida’s implied consent law.
Protecting yourself during roadside testing
Your attire on any given day should not determine the outcome of a DUI investigation. When you understand how footwear and clothing affect field sobriety tests, you can better assess your own performance and the fairness of the testing conditions. Understanding how clothing affects these tests can help you make informed decisions, which may help you challenge a wrongful charge.