Fort Worth Field Sobriety Tests Lawyer

Tarrant County Field Sobriety Tests Attorney Serving Texas

The moment you get pulled over on suspicion of DWI, you enter a state of legal jeopardy. Most likely, you will be asked to submit to a process known as field sobriety testing. The problem is, many of these tests are extremely subjective, and there are a lot of medical or environmental issues that can impact the results. Additionally, the tests are inadmissible if the officer involved failed to conduct them correctly and in accordance with proper procedures.

When something goes wrong during field sobriety testing, it can lead to wrongful DWI convictions due to the introduction of misleading evidence. The Dameron Law Firm aims to prevent this. Our firm is well-versed in field sobriety testing procedures and all the problems that tend to arise from them. In some cases, we are even able to have some or all evidence stemming from a field sobriety test suppressed in court.

Tarrant County Attorney Challenging Field Sobriety Tests

Perhaps the biggest problem with field sobriety tests is their subjectivity. A large portion of the "test results" are based on what the officer claims to have observed. Unlike chemical testing, which offers an objective measurement of the amount of alcohol in a person's system, field sobriety testing relies on subjective observations. There are generally three types of tests you may have submitted to, each with its own problems:

• Walk-and-turn - A suspect is asked to walk heel-to-toe in a straight line, then turn around and walk back. Anything from uneven ground to inappropriate footwear can cause a false positive.
• One-leg stand - Suspects are typically told to stand on one leg and count. If you naturally do not have the best balance, possibly due to a medical condition like vertigo, you could fail. Even strong winds can throw a person off-balance while they have one foot off the ground.
• Horizontal nystagmus - A pen or flashlight is waved back and forth in front of the suspect's face while they try to follow it with their eyes. The officer is supposed to be looking for unusual eye movements. The results of this test are based entirely on the officer's report. Factors like distracting background movement, such as flashing lights from the police car, can affect this test.

Other tests may have been used, although these three are considered the most common.

As you can see, field sobriety tests are far from foolproof in terms of detecting intoxication. The Dameron Law Firm thoroughly reviews every field sobriety test to seek out possible explanations other than intoxication for the alleged results.

Can a Lawyer Help if I Refused Field Sobriety Testing in Texas?

If you refused field sobriety testing, you may be surprised that you got arrested for DWI anyway. Unlike many other states, which will suspend your license for refusing field sobriety tests, no such penalty exists in Texas. However, your refusal could be used against you. In fact, it may have been used as part of probable cause to arrest you.

Especially if this is your second DWI, it may feel as if you cannot win - whether you test or not, you could face the same penalties. Our firm understands your frustration, and we will strive to use your refusal to your advantage to the extent possible.

Call an Arlington Field Sobriety Testing Attorney

If the results of your field sobriety test - or lack thereof - are putting your future in jeopardy, The Dameron Law Firm may be able to help. Our firm is skilled at reviewing these subjective tests for possible problems in order to put on a strong defense. Contact us online or call 817-222-0624 to set up your free consultation.