Field Sobriety Tests
A police officer has the right to pull you over and conduct a field sobriety test based only on suspicion that you have been drinking. Though this may seem like a violation of your civil rights, it is based on the law of implied consent, which you accepted when you were issued your Texas driver's license.
But the field sobriety test consists of several physical exercises, some or all of which may be administered by the police at the scene of the traffic stop, all of which are very hard to pass, even for sober drivers. That’s why you need an aggressive and skilled DWI attorney on your side.
Schedule a free consultation with Crain Lewis Brogdon, LLP—call (214) 301-5007 day or night.
The full battery of tests includes:
- Walk-and-turn test
- Horizontal gaze test
- Ability to finger count
- Finger tracing coordination
- Ability to stand on one leg
- Finger-to-nose coordination
Hire an Experienced DWI Defense Attorney in Dallas
At Crain Lewis Brogdon, LLP, we know the strategies to strongly challenge the subjective results of each of these tests at the ALR hearing and in court. A poor performance in a field sobriety test may be the result of any number of factors not related to consuming alcohol or drugs. Environmental conditions such as poor lighting, an uneven surface, and weather may affect your performance. Your own physical condition such as fatigue, nervousness, depression, or prescription medication may also affect your ability to perform some parts of the test, but not necessarily your ability to drive legally.
We also make it clear to the ALR hearing officer and trial judge that you also did many things correctly while driving and during the stop, which were not indicative of being drunk. Were you able to stop in a safe and timely manner when pulled over? Were you able to respond coherently to the officer's request? What other behaviors show that alcohol was not affecting your ability to drive safely?
There Is Always Room to Challenge the Evidence
The field sobriety test can be challenged on many levels. It is one reason why it is so important to hire an experienced DWI attorney who will know how to challenge the police officer's opinions. Having red eyes or the smell of alcohol on your breath doesn't mean that you were guilty of drunk driving. At Crain Lewis Brogdon, LLP, we won't let you just roll over and take the penalty. When it comes to the police report regarding the field sobriety test results, there is always room for a challenge.
Contact a Dallas DWI lawyer to schedule a free consultation about your field sobriety test results and DWI charges.