Field Sobriety Tests
DWI Defense Lawyers in Sugar Land – 713.234.6065
After being pulled over for suspicion of driving while intoxicated (DWI), the highway patrol officer will ask you to take a series of field sobriety
tests (FST). What you will not be told is field sobriety tests are not
used to see if you are drunk or sober. Instead, police officers knowingly
use FSTs to determine
how drunk you may be without needing to rely on breath or blood tests, which
may require a warrant to conduct.
Did you get convinced to take a field sobriety test and wound up arrested
for a DWI?
Contact Khawaja Law Firm at your first opportunity to begin discussing how to defend yourself from
the harsh consequences upon conviction. We can even help you challenge your
automatic license revocation by representing you at an ALR hearing.
Different Types of Field Sobriety Tests
The police have a variety of field sobriety tests they can try to use to
gather enough evidence to confidently make a DWI arrest. Make no mistake:
none of them are supposed to prove your sobriety.
Some of the most popular FSTs used by police in Texas are:
One-leg stand: You are told to stand on one leg for an extended period of time. This FST
does not account for how the strain or a preexisting injury could make
it difficult to complete.
Walk-and-turn: You are told to walk a straight line with your hands out, turn around,
and do it again. This FST can be unreasonably difficult in the dark, or
where the ground is uneven.
Horizontal gaze nystagmus test: This is the scientific name for a test that involves shining a light in
your eye and asking you to follow a pen tip without moving your head.
The test results are notoriously difficult to analyze with trustworthy accuracy.
Pocket breathalyzer: You are told to breathe into a small breathalyzer unit which may or may
not be calibrated well. Large-scale breathalyzers in police stations are
generally more accurate.
What all of these FSTs have in common is the fact that they are most likely
optional. You can refuse to take an optional sobriety test without immediately
legal consequence. If you are not confident taking a field sobriety test
will help you, then you can ask if it is optional or mandatory and make
your decision based on the response. In many situations, refusing an optional
test can be helpful, but refusing a mandatory test is rarely beneficial.
Your DWI Defense Starts with One Phone Call – 713.234.6065
Get our Sugar Land criminal defense lawyers on your side right away if
you have been arrested for a DWI. The longer you delay your defense, the
more time you give the prosecution to work unimpeded against you. Start with a
free case consultation to learn more about your rights without needing to pay anything upfront.