Field Sobriety Tests Are Far From Infallible
When an officer pulls you over and suspects you may have been drinking, the chances are good you will be arrested. In a lot of cases, a field sobriety test is just a formality.
That doesn’t mean that challenging the results or the way a field sobriety test was conducted can't be an important part of an aggressive DWI defense. I have over 24 years of experience in taking apart drunk driving cases piece by piece and challenging every single bit of evidence against you.
If you understand how important it is to fight a DWI charge, please call my office in Tyler, Texas, today at 903.596.9696 for a free consultation.
What Are the Common Problems With Field Sobriety Tests?
Untrained officers: Police officers are, or are supposed to be, thoroughly trained in administering and interpreting field sobriety tests. On East Texas roads and highways, this is not always the case. A botched field sobriety test conducted by an untrained or inexperienced officer can be a basis a strong legal challenge resulting in the charges being dropped or dismissed.
Nonstandard tests: There are standard field sobriety tests like the nine step walk and turn and horizontal gaze nystagmus (a test for bouncing vision, a sign of intoxication) that are approved by the National Highway Transportation Safety Administration (NHTSA). Nonstandard tests like reciting the alphabet backward may not hold up in court.
Failure to follow procedure: Even standard tests can be fundamentally flawed. The walk and turn test, for example, has to be conducted on a reasonably well-lit, dry and level surface with a designated straight line. How can that happen if you were pulled over at night, on a hill or in the rain?
Never Plead Guilty Based on a Field Sobriety Test
Don't give up just because a police officer didn't like the way you stood on one leg, touched your nose or walked a line. It's almost always better to fight. As any attorney will tell you, a conviction or guilty plea on a DWI charge can have serious, long-lasting repercussions.
If you know you want to fight for your rights, even if you only know you need some honest answers from an experienced DWI lawyer before you make a decision, contact me today.
I'll sit down with you in a free and confidential consultation to explain your rights and your options for fighting field sobriety evidence as part of a comprehensive and aggressive defense strategy.
