Field Sobriety Test Attorneys in Galveston

70+ Years of Combined Experience on Your Side

Seeing flashing blue and red lights paired with a deafening police siren behind you is a frightening, anxiety-provoking matter. What’s worse, when a police officer pulls you over on suspicion of a DWI, they frequently treat you as if you are already guilty, which adds a significant amount of pressure even if you did nothing wrong.

You are innocent until proven guilty. But that won’t stop the law from enforcing Standardized Field Sobriety Tests (SFST) to establish probable cause to arrest you for DWI. Contact us online or call (409) 204-5566 to discuss your situation.

Even if you were driving a little too slow or weaved out of your lane by accident, among other causes, an officer may use such driving behaviors as a reason to pull you over and administer one or more field sobriety tests. If you fail any or all of these tests, you may be charged with a DWI.

Luckily, our lawyer obtains the same training in, and knowledge of, field sobriety, blood and breathalyzer tests that police officers do. We have an extensive understanding of the science, mechanics and legalities of field sobriety tests, just like law enforcement, which means we can better fight your accusation. We will utilize our invaluable training to your advantage by scrutinizing and attacking the officer’s actions, including finding flaws in their test administration and investigation to give you a better chance at winning your case.

What Are Field Sobriety Tests?

Field sobriety tests are legal standardized tests for law enforcement officers to determine if a driver is impaired by alcohol or drugs. DWIs are strictly enforced by Texas law, therefore many officers utilize SFSTs to identify impaired drivers and determine whether there is probable cause to arrest them for DWI.

In many cases, a law enforcement officer uses poor driving skills as an indicator of whether it’s appropriate to pull a driver over. The driver may be sober or have consumed only one beer, but that doesn’t matter when it comes to passing an SFST. If you fail, you could go to jail.

However, you have the right to refuse a field sobriety test. If you choose to do so, make sure you politely and respectfully decline.

Types of Field Sobriety Tests

There are three types of SFSTs: Horizontal gaze nystagmus (HGN), walk-and-turn and one-leg stand test. Each test is administered in the area in which you get pulled over. This could be the side of the road, a parking lot, or anywhere an officer instructs you to pull over your vehicle.

Horizontal gaze nystagmus (HGN) test: Measures involuntary jerking of the eyes, occurring as the eyes gaze towards the side. This is viewed as the most reliable SFST. You will be instructed to follow the motion of a specific object, such as the tip of a pen, penlight or pencil. From there, the officer will look for:

• Lack of smooth pursuit
• Distinct and sustained nystagmus at maximum deviation
• The onset of nystagmus prior to 45 degrees

One-leg stand (OLS) test: A divided attention test that measures your mental and physical task ability. You will be asked to stand with one leg lifted about 6 inches above the ground and count out loud (one thousand one, one thousand two, etc.). The officer will look for:

• Swaying while balancing
• Using your arms to balance
• Hopping
• Putting your foot down

Walk-and-turn test: A divided attention test that measures your mental and physical task ability. You will be asked to take nine heel-to-toe steps, turn and do nine heel-to-toe steps again.The officer will look for:

• Inability to balance
• Starting the test too soon
• Missing heel-to-toe
• Using your arms to balance
• Stepping off the line

We are available 24/7 for calls. Reach us at (409) 204-5566 now! Se habla Español.

Why Field Sobriety Tests Aren’t Reliable

Because SFSTs are administered in the location where you were pulled over, it is highly probable that certain factors prevented you from successfully completing your SFSTs: Environmental factors and underlying medical conditions may be some of those reasons. An officer may have administered your test wrong and/or given you improper instructions, which is something you shouldn’t have to suffer for.

HGN: The officer may not have moved the stimulus (pen, pencil, penlight) in a smooth manner, thus causing an exaggerated nystagmus. Other factors such as bright headlights from the surrounding traffic, fast-moving objects or underlying medical conditions may create a false indication of intoxication.

Walk-and-turn: You may have been wearing improper shoes, completed the test on an uneven and/or slippery surface, or suffer medical issues that prevent you from completing the test fairly. Further, the weather may have been unfavorable and obstructed your ability to walk-and-turn successfully.

One-leg stand: As mentioned before, if you were wearing improper shoes, or completed the test on an unstable surface, you may be deemed intoxicated. The weather may have been rainy or windy, which caused you to lose your balance. Not to mention, any physical disabilities may have resulted in you failing your SFST.

Our field sobriety test attorneys are trained and qualified to know precisely how field sobriety, blood and breathalyzer tests should be given to a driver. Our training in this field is no different than that of law enforcement, meaning we are just as competent in SFSTs, blood and breath test as officers are. With this key insight, we can examine every element of your case to find inconsistencies and defects on the officer’s behalf to better fight your charge.

Former Prosecutors Defending Failed Field Sobriety Tests in Galveston, TX

You need an attorney who has deep, well-rounded insight into how field sobriety tests function and are administered to drivers. At our firm, you can feel confident that we obtain the competence and high-caliber defense you need to fight against your failed SFST charges.

Our lawyers are nationally recognized for their proven results in DWI cases, including defending clients accused of failing an SFST, blood and breath test. As such, we have what it takes to fight relentlessly on your behalf, which is why you should contact us at (409) 204-5566 today!