Field Sobriety Tests in Fort Worth
DWI Attorney Serving Texas
You should be aware that cooperating with the requests of an arresting
police officer who has pulled you over on suspicion of
driving while intoxicated (DWI) does not necessarily mean the officer will let you go or "go
easy" on you. If the officer asks you to agree to a field sobriety
test, this probably means that he or she is already assuming you are guilty
of drunk driving. These tests are
designed for failure.
The fact of the matter is that it is
your right to refuse to submit to a field sobriety test - and, in many cases, it is also in your best
interest to do so. The wisest and safest course of action is to simply
refuse to take the test or to answer any questions without an attorney
present. Do so respectfully and courteously, but firmly, and then retain
Fort Worth criminal defense attorney as soon as possible.
Insider Perspective from a Former Police Lieutenant
Attorney David Sloane of the Law Offices of David Sloane is a former police lieutenant with
two decades of experience in the legal industry. He has a level of insider
knowledge and a "behind the scenes" perspective that very few
attorneys can offer. Mr. Sloane has been trained in how to operate the
breath-testing equipment used by police officers throughout the state
of Texas, known as the Intoxilyzer 5000, and he has even instructed police
recruits in the proper administration of field sobriety tests.
Because of his experience, he is aware that it is extremely difficult to
"pass" field sobriety tests - even for a completely sober individual!
That is because these tests are highly subjective. Because the arresting
police officer is actively looking for symptoms of intoxication, he or
she is likely to find symptoms regardless of your blood alcohol content.
Texas Field Sobriety Tests
The three field sobriety tests commonly used by Texas police officers are
Nystagmus Gaze Test - In the nystagmus gaze test, the driver is asked to "follow"
with his or her eyes the movement of an officer's finger, pen, or
another object. The officer will look for "jerking" movements
of the eyes, which is a symptom of drinking. The nystagmus gaze test is
highly subjective and all but impossible to "pass," as most
individuals will experience nystagmus if they have been drinking at all
or if their eyes are fatigued from performing the test for too long.
Walk-and-Turn Test - In this test, the driver will be asked to take nine heel-to-toe steps
in a straight line with their hands at their sides. They will then be
asked to take small steps in order to turn around and take another nine
heel-to-toe steps back to the officer. The officer will watch for signs
of intoxication from the moment he or she asks the driver to stand and
place their arms down. Any swaying or unsteadiness or failure to count
aloud will be considered a sign of intoxication. Many people who have
not been drinking at all find this test difficult to "pass"
perfectly the first time.
One-Leg-Stand Test - In the one-leg-stand test, the officer will ask the driver to lift one
foot above the ground and let it hover for a 30-second period of time
while looking at their feet and counting aloud. Any swaying or signs of
imbalance will be considered a sign of intoxication, and many sober testers
find that the test is not easy or is even impossible to pass - particularly
if he or she has a health condition, is overweight, has an injury, or is tired.
Contact Attorney Sloane for a Free Consultation in Tarrant County, TX
Clearly, "passing" a field sobriety test is a subjective concept.
Rather than subject yourself to the embarrassment and possible incrimination
associated with a field sobriety test, it is in your best interest to
politely refuse and then hire a good Fort Worth DWI attorney who can protect
you from misleading or trumped-up charges.
With your freedom, your license, and your reputation at state, there is
no reason to hesitate. Learn more about how Mr. Sloane is ready to put
his experience to work in the defense of your rights and freedom in a free
case evaluation that you can schedule right now just by speaking to a member of the firm's
Fort Worth office staff. For the tough, effective, and compassionate advocacy
you need and deserve,
call the Law Offices of David Sloane today.