Broward DUI Lawyer Blog

A woman in Port St. Lucie recently told officers she couldn't perform field sobriety tests due to the size of her breasts, the Miami New Times is reporting.

Certainly an excuse like this is going to make headlines and bring some unwanted attention to a DUI case. But what must be remembered in a strange case like this is that there are legitimate reasons why people can't perform field sobriety tests after they are pulled over for DUI in Fort Lauderdale.

Whether reasons based on the person's physical attributes or problems with the road conditions or weather, Fort Lauderdale DUI defense lawyers have represented clients who were unable to perform these tests that sometimes are crudely slapped together by officers.

According to the news report, the 49-year-old woman was pulled over by police after she allegedly was speeding and swerving over a double yellow line. When an officer approached her car, she said that she wouldn't perform a field sobriety test because she said her large breasts would get in the way.

The woman was pulled over around 9:30 p.m. one recent weekend night in Port St. Lucie. Officers had responded to calls from drivers stating that a woman was driving recklessly. A police officer reported smelling the odor of alcohol as he approached the car.

The man asked the woman to perform field sobriety tests, causing the woman to respond, "Hell no, not with these...not with (my) big boobies."

When a second officer requested the tests be done, the woman told that officer that being large-chested made walking difficult. The woman said she had whiplash, in addition to a big chest. Although, she did agree to perform the tests if an officer held her hand. When the woman allegedly tried to lift up her shirt to prove that her breasts were large, she was arrested and charged with DUI.

Only three field sobriety tests are sponsored by the National Highway Traffic Safety Administration: the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand. Most people recognize these from television police shows.

The Horizontal Gaze Nystagmus is a jerking of the eye consistent with a person looking side to side. Police will look for signs of impairment when asking a driver to look side-to-side while a bright light is flashed in their eyes. The walk and turn is most commonly recognized by the public as it's where a person is asked to walk, heel-to-toe in a straight line. Balance issues can cause a failure in this test as well as in the one-leg stand, which is self-explanatory.

Law enforcement officers who work traffic patrols end up hearing just about every excuse possible about why the driver can't perform the requested tests. However, there are sometimes legitimate reasons why a failure will happen.

If a person has balance or dizziness issues it could relate to larger medical or medical issues that go beyond any drinking and driving. And if drivers have knee or back problems, they may be unable to complete these tests as well. Police must take these things into consideration.

Rain, heavy winds and other weather conditions can also lead to a person "failing" the tests, but not because of their drinking. Often, these tests are done on the side of the road near slick grass or gravel, and people may slip -- not because they are legally drunk, but because of those conditions.

All of these issues must be explored when officers investigate someone for DUI in Fort Lauderdale. While a common charge, it is serious and can lead to major consequences. That's why an experienced DUI defense lawyer should be hired to look at all aspects of the case.