Implied consent laws are typically associated with forms of chemical testing, including but not limited to urine analysis, breathalyzers, and blood testing. However, the state of Florida, including Brevard County and Cocoa, do not include field sobriety testing under the umbrella of their implied consent laws.
What does this mean for residents of Cocoa and surrounding areas? It means that you have the right to refuse completion of a field sobriety test, at any time, for any reason, without running the risk of administrative penalty.
That said, there are considerations that must be weighed when making such a choice. For example, officers can still arrest you for a DUI if they have probably cause to believe you are operating a vehicle under the influence.
However, refusal of a field sobriety test could be in your best interest if you feel like the results of such as test may be used against you. For example, DUI cases lacking field sobriety test footage and/or notes rely more heavily on objective and subjective evidence to obtain a conviction.
Even if you’re innocent, several factors could cause you to fail a field sobriety test: being overtired, nerves/anxiety, naturally poor coordination, and more.
