Field Sobriety Tests
When Will a Field Sobriety Test be Administered?
Field sobriety tests are tests administered in the field by a law enforcement
officer who suspects that an individual may be driving under the influence
of alcohol or drugs. The tests are designed to help an officer gauge an
individual's physical and cognitive abilities, as well as any potential
The National Highway Traffic Safety Administration (NHTSA) has created
a series of three standardized field sobriety tests that law enforcement
agencies can implement:
- Walk and Turn Test
- One-Leg Stand Test
- Horizontal Gaze Nystagmus (HGN)
The officer administering the test will observe the actions of the individual—not
only physically, but also the ability to follow and understand directions.
These tests are not objective measurements like blood or breath tests,
but are subjective evaluations used by law enforcement to help determine
whether an individual is intoxicated. If you have performed a field sobriety
test, and you were subsequently arrested for a DWI charge, it is vital
that you contact a qualified lawyer to fight for you.
Are These Tests Always Accurate?
Because field sobriety testing is subjective, based on an individual officer's
ability to observe and evaluate the results of these tests can potentially
be challenged. There is no way to determine a basis for what an average
performance should look like because there is no way to know how a specific
individual will react when asked to perform this series of testing.
Several other external and internal factors that may affect the outcome
of the tests:
- Being overweight
- Environmental elements
- Lack of coordination
- Pre-existing physical impairment
- Pre-existing cognitive impairment
Insight into Field Sobriety Test Training
The Zendeh Del Law Firm, PLLC has long argued that testing for DWI by the
use of field sobriety tests is "junk science." The testing procedures
and results have not been peer reviewed or evaluated, and are far from
accurate in regard to indicating alcohol intoxication. They are merely
physical agility exercises that are evaluated by an officer on a subjective
basis. Many people, for legitimate reasons unrelated to intoxication,
cannot perform these agility tests to the satisfaction of law enforcement.
As a result, they pay the price of being arrested and charged with DWI.
The first step in defending our clients against charges of DWI is to will
immediately review any
field sobriety testing results and procedures.
If an officer decides that you have not performed the field sobriety tests
to their satisfaction, you can be punished by being arrested and charged with
DWI. In many cases, the whole process begins with wrongly administered field
sobriety tests. With the daily use of these tests on the citizens of Plano
by law enforcement, we see unfair DWI arrests being made regularly.
The SFST Manual is very specific as to how these tests are to be administered.
Failure of an officer to follow the instructions in the manual will affect
the validity of the results. Yet time and again, our firm identifies violations
of correct procedure when the law enforcement personnel administer these
tests. If you have been charged with DWI, contact our firm so that our
attorneys can review all FST evidence that led to your arrest before the
case proceeds further.
Fighting for Your Rights
If the officer fails to correctly administer the tests (which happens frequently)
the validity of the results are compromised. Our attorneys can conduct
a thorough review of the administration of your tests, and will move forward
at once to expose these errors in court.
Get in Touch with Our Plano DWI Defense Lawyers Today!
The Zendeh Del Law Firm, PLLC is extremely knowledgeable about DWI law.
If you or a loved one has been charged with DWI, it is urgent that you
contact our defense attorneys immediately for a consultation to discuss
your case. If convicted of DWI, you are facing serious penalties such
as: jail for up to 180 days, and up to $2000 in fines (this is for your first
DWI conviction). At The Zendeh Del Law Firm, PLLC, we understand the difficulties
and the pain that a DWI charge can bring, which is why we are committed
to working as a team to obtain remarkable outcomes in every case. Your
case will be meticulously scrutinized by our lawyers. We leave no stone
unturned and no area unexplored.
Your freedom and your constitutional rights must be protected. No one should
be wrongly convicted based solely on a faulty test that potentially produced
inaccurate results. You have the constitutional right to a
criminal defense attorney and to a fair trial. You must take advantage of these two rights
in order to ensure the best possible outcome of your case. Don't let
false test results become evidence against you.
Contact a Plano DWI lawyer at our firm today!