
Field Sobriety Tests in Texas
DWI Attorney in Fort Worth
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 a competent 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 as follows:
- 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 at (817) 349-7118!

Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Unlawful Stop - Charge Dismissed Possession of Marijuana <2oz
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Reduced to Class C Non-Reporting Probation Criminal Trespass
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Cases Dismissed Burglary of Habitation and Interfering with Emergency Call
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Case Dismissed Resisting Arrest
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Reduced to Misdemeanor Possession of 1 to 4 grams of Methamphetamine and Unlawful Carry of a Weapon

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If you get arrested in Texas for anything David is probably going to be your best bet, especially if it is marijuana or DUI related. I am from Florida, and I got popped in Texas with a little over 20 pounds of cannabis, 400 grams of Hash, and an AR-15 type assault rifle. My bail was set at 50,000 dollars, and if convicted, I could have done 20+. I am affiliated with NORML, and heard through a network of people that David would be the right guy for the job, and he was. David was very diligent about my case, and the prosecution did NOT want to argue with him. He subpoena'd all the records from every single arrest made by the arresting officer in the last year, and worked a whole bunch of other magic, I have no idea what he did, but it worked. David is also affiliated with NORML, and on top of being a badass lawyer, he is a pretty cool guy to chill with. As soon as I met David, I did not speak with any other lawyers, I knew I was in good hands. After being charged with one first degree felony, one-second degree felony, and 2 third-degree misdemeanors, with David handling my case, he ended up getting all charges dropped except the hash charge, which got reduced AND deferred. The end result was a 1500 dollar fine, some court and lab fees, and 120 hours of community service, and since it was deferred, I am on probation until I finish the hours, but after I finish, I can get off early. Basically, I was facing 20+ years, and David pretty much got me off with what could be loosely regarded as a slap on the wrist. David handles all kind of cases from money laundering to marijuana cases, to dui's...with this guy by your side you know you are in good hands. Thanks David- Parker
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I couldn’t believe what he did for me when it was happening. I was not expecting that he would get my entire case DROPPED. I was expecting a felony on my name, but I left court a free man. He is well worth the cost. Thank you! Nobody else could have done what you have.- Ngeune P.
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If you’re looking for someone that’s gonna have your back and someone that’s going to get the best deal for you, this man right here is your guy. I can be in jail right now but if it wasn’t for him and what he the amount of work he puts in the city I am not I am very thankful he will work you and your budget time isn’t a factor but the sooner the better 1000 stars- Quaran
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I wish I would have gone to this man in the first place. He is very kind and cares about you as a person, and he is VERY knowledgeable in his field. I felt like he would have fought for me and produced a better outcome than what I had, had I only known about him almost 4 years now prior. If you are in a bind with marijuana charges, please go see him. He not only will know what he is speaking to but educates you on how he will win. And if you get him, I am sure you will win.- Emily
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I was arrested for possession of Marijuana, Called Sloane the moment I knew I needed help. I needed someone who would take action and get me out of a sticky situation. He filed papers and I just waited 3 years for any sign of a court date. Fortunately, the charges/case was dropped due to the statute of limitations. A few months after everything was dropped, I wanted to see if I could get some of the money I paid for him because he did not have to come to my town or do very much at all in those three years. I got in touch with his assistant and she said sorry it's a one time fee. David was nice enough to call me back an offer me some of what I paid. He was honest and did his job to the fullest extent I needed. He has blessed me with my life and an even better holiday gift! He will always be my go-to guy if I'm ever in a bad situation. Although I really hope I never have to call him again. Thank you so much for what you did for me, I could never thank you enough! God bless!- Auriel
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David was able to save me a lot of hassle and money plus a case that if I handled myself. Would have been a nightmare brought to life turned into a cakewalk! He's always been very efficient at what he does and I feel safest working with him. His work ethic is outstanding and somewhat rare. David has supported me on 3 different cases.- Daniel
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Amazing lawyer. Has worked diligently with me on my cases, and has even been able to work out nice deals when I myself have made multiple mistakes. In the courtroom, he is courteous but firm, and will make sure you get the best deal possible if he can't already get your case dropped. By far the best lawyer in the state of Texas, especially for drug related offences!- Chaise
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I am from Phoenix AZ and hired David Sloan for a case I had in Sierra Blanca TX! He was very professional and also personable! He made my tough situation a breeze to get through!! I recommend him for anyone who needs help with a mistake they have made in life and need a smooth way of fixing the problem and moving on!!- Levi
