The Grading Started Before You Stepped Out of the Car

I’m Rory Safir. I was an Assistant Public Defender in Tampa, and I’m an NHTSA qualified field sobriety instructor, trained through the same federal curriculum that trains the officers. I wrote a free guide, The Roadside Exercises, that takes the roadside apart piece by piece. Here are three things from it.

Three things from the guide

Only three exercises are standardized, and their numbers are modest

The eye exercise, the walk and turn, and the one leg stand are the only three with validation research behind them. Under ideal laboratory conditions, they were right about 77, 68, and 65 percent of the time. And right about what? A blood alcohol level of 0.10 or higher. They do not measure impairment, and they do not measure driving. The alphabet, finger to nose, and the other extras have no validation study and no official scoring at all.

Change one element and the validity is compromised

The government’s own materials say these exercises are valid only when run exactly by the book. The research assumed a level, dry surface, a real line, decent lighting, and clear instructions. Your roadside had a sloped shoulder, darkness, traffic a few feet away, wind, and whatever shoes you happened to be wearing. Every departure is a changed element, and the guide shows how I put the video next to the officer’s own manual, step by step, to find the ones that matter.

You could have said no, and it is not the same as refusing

In Florida, the roadside exercises are generally voluntary, with no automatic license penalty for declining them. That is a completely different decision from refusing a breath or blood test after a lawful arrest, which carries statutory consequences of its own. Officers rarely spell out the difference. If you did the exercises anyway, so does nearly everyone, and the guide explains why your age, weight, knees, footwear, fatigue, and nerves all belong in your file. Each one produces clues, and none of them are alcohol.

Where to get it

The guide is free, and one email unlocks it along with the whole Safir Guides library at thesafirlawyer.com/free-guides. The full treatment on the web lives in the full field sobriety section of my site.

If your matter is urgent, don’t grade yourself. Skip the reading and call or text me at (727) 761-4318. Every case is different, and nothing here promises a result, but nobody should accept the word failed before someone trained as an instructor has watched the video. You’re better Safir than sorry.

Rory Safir

About the author

Rory Safir is a St. Petersburg attorney who handles injury claims and criminal defense across the Tampa Bay area. He is one of a handful of ACS-CHAL Forensic Lawyer-Scientists in Florida and a former Assistant Public Defender in Tampa, and he brings that same evidence-driven approach to fighting for injured clients.

More about Rory · The Lawyer-Scientist approach

Available 24/7 for Immediate Defense

Your first consultation is free. One call can start protecting your future today.

Start Your Free Strategy Session


(727) 761-4318

Call/Text 24/7 / 365

Browse by Topic
Arrested for DUI in Florida, the bookI wrote the book on Florida DUIFree to anyone facing a charge in Tampa Bay. Plain English, nineteen chapters, no law degree required.Get your copy →ACS-CHAL Forensic Lawyer-Scientist badgeForensic Lawyer-ScientistOne of six attorneys in Florida with the ACS-CHAL designation from the American Chemical Society.What that means for your case →
Get in Touch

You’re better Safir than sorry!

Arrested for DUI? Time matters. Complete the form to schedule a free strategy session with attorney Rory Safir. Your information is confidential, and we will follow up promptly.

200+
Client Testimonials
1 of 6
Forensic Lawyer-Scientists in Florida
4.9★
Google Rating
24/7
Availability

Let’s Go Over Your Case


Email Newsletter