Navigating Field Sobriety Tests in Texas DWI Cases

Driving while intoxicated (DWI) charges in Texas are serious legal matters that can have significant repercussions on your life. Understanding the intricacies of field sobriety tests — a tool used by law enforcement to assess a driver’s impairment — is crucial if you find yourself facing such charges in the Lone Star State.

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Introduction to Field Sobriety Tests

Field sobriety tests (FSTs) are standardized assessments used by law enforcement officers to gauge a driver’s level of impairment due to alcohol or drugs. In Texas, these tests serve as critical components of a DWI investigation, often conducted roadside during a traffic stop. However, it’s important to note that FSTs are not foolproof and can be influenced by various factors, including environmental conditions, physical limitations, and individual differences.

Common Types of Field Sobriety Tests

The three standard FSTs recognized by the National Highway Traffic Safety Administration (NHTSA) and commonly used in Texas DWI cases are the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. Each test assesses different aspects of a person’s coordination, balance, and cognitive function, aiming to identify signs of impairment.

During the HGN test, an officer observes involuntary jerking of the eyes as the subject follows a moving object, such as a pen or flashlight, horizontally. In the Walk-and-Turn test, the individual is asked to take nine heel-to-toe steps along a straight line, turn, and return in the same manner. The One-Leg Stand test requires the subject to stand on one leg while counting aloud for a specified duration.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Johnny Lanzillo

Criminal Division Senior Associate

Makenzie Zarate

Criminal Division DWI Trial Chief

Texas Attorney Kevin Sheneberger

Kevin Sheneberger

Criminal Division Associate

Challenges and Limitations of Field Sobriety Tests

Despite their widespread use, FSTs have faced criticism for their subjectivity and potential for misinterpretation. Factors such as age, physical condition, and nervousness can influence test performance, leading to false positives. Additionally, environmental factors like uneven terrain or inclement weather may compromise test accuracy.

Moreover, officers must administer FSTs in strict accordance with standardized procedures outlined by the NHTSA to ensure reliability. Deviations from these protocols can undermine the validity of test results and raise doubts about their admissibility in court. Consequently, defense attorneys often scrutinize the administration of FSTs to identify procedural errors or bias that could weaken the prosecution’s case.

Legal Implications of Field Sobriety Test Results

In Texas, performance on FSTs is commonly used by law enforcement to establish probable cause for a DWI arrest. However, it’s essential to recognize that FSTs alone do not determine guilt or innocence in a DWI case. Instead, they serve as one piece of evidence among others, such as breath or blood test results and officer observations.

If you’ve been arrested for DWI in Texas based on FST results, you have the right to challenge the validity of those tests in court. Experienced DWI defense attorneys can leverage their knowledge of Texas DWI laws and experience in courtroom tactics to contest the reliability of FST evidence and pursue favorable outcomes for their clients.

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Mitigating Factors in Field Sobriety Tests

In addition to procedural considerations, several other factors can affect a person’s performance on field sobriety tests. Medical conditions such as inner ear disorders, neurological conditions, or musculoskeletal injuries can impair balance and coordination, leading to false indications of intoxication. Similarly, prescription medications or over-the-counter drugs may cause side effects that mimic the signs of impairment evaluated during FSTs. It’s crucial for individuals facing DWI charges to disclose any relevant medical history or medication use to their attorney, as these factors can significantly impact the defense strategy.

Challenging Field Sobriety Test Results in Court

Successfully challenging field sobriety test results in court requires a thorough understanding of the scientific principles behind these assessments and the legal standards for their admissibility. Defense attorneys may enlist the experience of forensic specialists or medical professionals to testify about the limitations and potential inaccuracies of FSTs, bolstering their arguments against the prosecution’s evidence. By meticulously dissecting the circumstances surrounding FST administration and highlighting any inconsistencies or deficiencies, defense counsel can cast doubt on the reliability of these tests and weaken the prosecution’s case.

Alternative Explanations for Test Performance

In many DWI cases, alternative explanations exist for poor performance on field sobriety tests that do not involve intoxication. Fatigue, stress, distraction, or unfamiliarity with the testing environment can all contribute to diminished coordination and cognitive function, leading to suboptimal test results. By emphasizing these alternative explanations and presenting evidence to support them, defense attorneys can undermine the prosecution’s assertion that poor performance on FSTs conclusively indicates impairment due to alcohol or drugs.

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Legal Strategies for DWI Defense

Effective DWI defense strategies often extend beyond challenging field sobriety test results to encompass a comprehensive analysis of the prosecution’s entire case. Attorneys may scrutinize the legality of the initial traffic stop, the validity of chemical test results, and the conduct of law enforcement officers throughout the arrest and booking process. By identifying potential violations of constitutional rights or procedural errors, defense counsel can seek to suppress incriminating evidence and weaken the prosecution’s case against their client.

The Importance of Legal Representation

Facing DWI charges in Texas can be a daunting experience, but you don’t have to navigate the legal system alone. Securing competent legal representation is essential for safeguarding your rights and mounting a robust defense against the allegations. At Deandra Grant Law, we are committed to providing personalized attention and aggressive advocacy to individuals facing DWI charges. With our extensive experience and dedication to achieving the best possible outcomes for our clients, you can trust us to fight tirelessly on your behalf. 

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Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Navigating the complexities of a Texas DWI case involving field sobriety tests requires competent legal representation. If you’re facing DWI charges, it’s imperative to consult with a seasoned attorney who understands the nuances of Texas DWI laws and knows how to challenge FST evidence effectively.

At Deandra Grant Law, we focus in defending individuals accused of DWI offenses in Texas. Our team of dedicated legal professionals has a proven track record of success in advocating for our clients’ rights and securing favorable results. Contact us today to schedule a confidential consultation and take the first step toward protecting your future.

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