San Antonio Field Sobriety Tests Lawyer
Aggressive Defense Against DWI Allegations
Field sobriety tests are a set of physical and mental tests. Law enforcement officers use these tests to gauge a driver’s level of intoxication. These tests are not always accurate, but they are often used as evidence to support a DWI arrest.
If you have been charged with driving while intoxicated, contact The Locke Law Group right away. Our team understands that courts put too much emphasis on these flawed assessments. We can help you challenge the results of the field sobriety tests and fight for a reduction or dismissal of charges.
Put a powerful defense team on your side. Call (210) 361-3113 to speak to our San Antonio field sobriety test lawyers today.
The Three Standard Field Sobriety Tests
Three field sobriety tests are considered “standardized” by the National Highway Traffic Safety Administration (NHTSA). These tests are the most common ones law enforcement officers use. However, they are not always reliable, and many factors can affect the results of these tests.
The three standardized field sobriety tests are:
- The one-leg stand test
- The walk-and-turn test
- The horizontal gaze nystagmus (HGN) test
The One-Leg Stand Test
The one-leg stand test is a “divided attention” test, requiring the driver to complete multiple tasks at the same time. Generally, the test involves authorities instructing the driver to stand on one leg and count out loud.
During the test, officers ask themselves the following questions:
- Does the driver put their foot down?
- Does the driver sway while balancing?
- Does the driver hop to maintain balance?
- Does the driver use their arms to balance?
If the officer answers “yes” to two or more of the above tests, they can consider the driver intoxicated and make a DWI arrest.
The Walk-and-Turn Test
The walk-and-turn test is another divided attention test that asks the driver to complete multiple tasks simultaneously. It has two stages: the instruction stage and the walking stage.
While observing the walking, the officer asks themselves the following questions:
- Does the driver step off the line?
- Does the driver make an improper turn?
- Does the driver fail to touch heel-to-toe?
- Does the driver use their arms to balance?
- Does the driver stop walking to regain balance?
- Does the driver take the wrong number of steps?
- Does the driver start walking before the instructions are finished?
- Does the driver have trouble maintaining balance while listening to the instructions?
If the driver fails two or more of the above tests, the officer can consider them to be intoxicated and make a DWI arrest.
The Horizontal Gaze Nystagmus Test
The horizontal gaze nystagmus (HGN) test is an eye test. “Nystagmus” is an involuntary response where the eyeball jerks when it gazes to the side. When a person is intoxicated, the jerking is exaggerated and occurs at lesser angles.
During the HGN test, an officer asks themselves the following questions:
- Is the jerking distinct, or is it smooth?
- Does the driver’s eye start jerking before it reaches a 45-degree angle?
- Does the jerking become more pronounced as the driver’s eye moves to the side?
Several factors can affect the results of an HGN test, including the driver’s age, fatigue, health, and medications. Additionally, the officer’s ability to administer the test properly can affect the results.
What Are Non-Standard Field Sobriety Tests?
In addition to the three standardized field sobriety tests, there are also non-standard field sobriety tests. The NHTSA does not recognize these tests, and they are not scientifically effective in determining whether a driver is intoxicated. As a result, they are not admissible in court.
Non-standard field sobriety tests include:
- Hand pat
- Counting backwards
- Reciting the alphabet
- Romberg balance test
- Touching the tip of the nose with the eyes closed
If you were given a non-standard field sobriety test and were arrested for DWI, our attorneys can help you challenge the results. Doing so could result in a reduction or dismissal of the charges against you.
Can I Refuse a Field Sobriety Test in Texas?
Field sobriety tests are not mandatory in Texas. You have the right to refuse to take the tests without facing immediate legal consequences.
However, if you refuse to take the tests, the officer may become more suspicious, and they might make a DWI arrest anyway.
Refusing a chemical test, such as a blood or breath test, does have consequences. All legal drivers participate in “implied consent.” This consent means that because you are licensed to drive a car, you are willing to take a chemical test. You can technically refuse to take the test, but doing so will affect your driving privileges.
Consequences of refusing a chemical test include:
- First refusal: 180-day suspension
- Second or subsequent refusal: 2-year suspension
How to Challenge Field Sobriety Test Results
Field sobriety test results are highly subjective. If you were given a field sobriety test and were arrested for DWI, our attorneys can help you challenge the test results.
We can thoroughly review your case. Our goal is to determine whether the test was properly administered and the results were properly interpreted. If the test had flaws, we could file a motion to have the results suppressed.
If the court agrees to suppress the test results, the prosecution will not be able to use them as evidence against you. This removal can greatly weaken their case and make it easier for us to negotiate a reduction or dismissal of charges.
Our field sobriety defense attorneys are here to help in San Antonio and beyond. To schedule a free consultation with our team, contact us online today.
