Andrew Simko is a personal injury, DUI, and criminal defense attorney in Florida. He’s a former prosecutor for the state, too. Instead of relaying his faith in the legal system to his followers, though, he often shares his doubts. One of his clips has more than two million views. In it, he warns drivers of several things he wouldn’t do when it comes to driving and DUI accusations. It might strike motorists as “interesting” that he says he’d never submit to any field sobriety tests. Here’s why.
There are several field sobriety tests an officer can ask you to complete
This isn’t a complete list, but here are a few commonly used examples:
Horizontal Gaze Nystagmus (HGN) Test
This is where the officer asks you to follow an object (like a pen or powered-off flashlight) while they observe your eyes. They’re looking for involuntary eye movement.
Rhomberg Test
The officer tells the driver to stand with their feet together and arms out to make a “T.” The driver must close their eyes, tilt their head to the sky, and tell the officer when 30 seconds have passed.
One-Leg-Stand
The driver must stand on one leg for some time to prove their coordinated sobriety.
Walk-and-Turn
The driver must take 10 heel-to-toe steps, tightly pivot, and take 10 of the same-style steps back to their starting point.
But…
“There’s absolutely no point to them.”
Simko claims that field sobriety tests are simply set up to make you fail. Indeed, certain field sobriety tests are incredibly difficult for even sober folks to get right, like reciting the alphabet out loud…backward.
Moreover, certain physical conditions, like one’s weight, an injury, or even a driver’s chosen footwear, can affect their ability to do a “One-Leg-Stand” or “Walk-and-Turn” properly, regardless of their actual BAC.
The comments seem to agree: “I can’t do the field sobriety test on my best sober day,” says one that earned over 1,000 likes.
“It’s only going to give the prosecutor evidence to use against you,” Simko warns drivers.
In another TikTok, Simko advises drivers that rather than agree to take a field or lab sobriety test, it’s better to simply refuse and follow the process for legally defending yourself in court. This includes avoiding self-incriminating statements and, if you’re arrested for DUI, simply asking to contact your attorney rather than speaking on your own behalf. Be aware, too, that refusing to comply could help lead your case to a conviction of some sort.
