Austin Field Sobriety Test Attorneys

Challenging Field Sobriety Test Results in Travis County

Were you pulled over on suspicion of driving while intoxicated? Did you “fail” a field sobriety test? This does not necessarily mean that you should be found guilty of DWI. In fact, field sobriety tests are not considered 100% accurate or reliable when it comes to determining whether someone is driving under the influence. Even when they are administered correctly, which is not always the case, the results are highly subjective. 

At Smith & Vinson Law Firm, we help people charged with DWI based on field sobriety tests challenge the results of these tests and other evidence. Our Austin field sobriety test attorneys can investigate and evaluate your unique case to determine how to best defend your interests. We are here to seek the truth and fight for your constitutional rights.

Contact our experienced DWI attorneys today at (512) 359-3743 for a free, confidential consultation.

What Is a Field Sobriety Test?

A field sobriety test is a series of physical and cognitive exercises conducted by law enforcement officers to assess a driver's level of impairment due to alcohol or drugs. These tests are used during a traffic stop if the officer suspects that the driver might be intoxicated or under the influence of an intoxicating substance.

Field sobriety tests (FSTs) are closely linked to DWI arrests and charges. Typically, an officer will use field sobriety tests to establish probable cause of intoxication and provide grounds for a DWI arrest. An officer’s testimony regarding field sobriety testing may also be used to support the prosecuting attorney’s case that a driver’s abilities were impaired.

Types of Field Sobriety Tests

There are three standardized field sobriety tests, or SFSTs, used by Austin police officers after stopping drivers suspected of DWI.

These include: 

• Horizontal Gaze Nystagmus (HGN) Test: The officer checks for involuntary jerking of the eyes as the driver follows a moving object, like a pen, with their eyes.
• Walk-and-Turn Test: The driver is asked to walk in a straight line, heel-to-toe, turn around, and walk back. 
• One-Leg Stand Test: The driver is asked to stand on one leg for a certain period of time, usually around 30 seconds, while counting aloud. 

These tests are used to test balance, coordination, and a driver’s ability to follow instructions. They are graded based on set standards to determine whether a driver is intoxicated. These tests are not foolproof, however, and may be administered improperly.

Common Problems with Field Sobriety Tests 

It is widely known that field sobriety tests are not perfect measures of intoxciation, and the results of these tests are not 100% reliable. 

In fact, there are several major problems with field sobriety tests, including: 

• Law enforcement officers often do not administer or grade these tests correctly. Some officers even use tests that are not sanctioned by the National Highway Traffic Safety Administration (NHTSA).
• Certain health conditions can make you more likely to fail a field sobriety test. If you are anxious or sleep-deprived while taking the test, you may be less likely to pass. You could fail the test if you had knee or back pain, or if you have a medical condition that affects your coordination. 
• Certain types of clothing could make you fail a field sobriety test. For example, you could be more likely to fail the walk-and-turn test, where you put one foot in front of the other and walk in a straight line, if you were barefoot or wearing high heels.

These are only a few examples of why taking a field sobriety test could put you at a disadvantage. Even adverse weather conditions could increase the chances of failure. Because of this, it’s important that you challenge the results of a failed FST, and our Austin field sobriety test lawyers can help. 

Field Sobriety Tests vs. Chemical Tests

When it comes to evaluating impairment during a traffic stop, field sobriety tests and chemical tests are two distinct methods used by law enforcement. Understanding the differences between them is crucial, especially if you find yourself navigating a DUI or DWI charge.

The key differences include: 

• Field Sobriety Tests: FSTs are a series of physical and cognitive exercises administered on the roadside. These tests are designed to gauge a person's balance, coordination, and overall ability to perform tasks. These tests are subjective; their accuracy can be influenced by various factors, such as the test-taker’s physical condition, their nervousness, or even weather or road conditions. An officer's interpretation of the results can vary, which introduces an element of variability and potential for error.
• Chemical Tests: Chemical tests measure the actual concentration of alcohol or drugs in a person’s system. These tests can be administered through breath, blood, or urine samples. Breathalyzer tests are commonly used at the roadside, while blood tests are typically conducted at a medical facility. Chemical tests provide a more objective measure of impairment, as they directly quantify the level of substances in the body. However, they are not infallible and can be affected by factors such as the calibration of the testing equipment or improper sample handling.

Simply put, field sobriety tests assess physical and cognitive function through observable tasks, while chemical tests measure the actual presence of substances in the body. If you're facing charges related to these tests, it's essential to understand these differences and consult with a knowledgeable attorney to ensure your rights are protected.

How to Challenge Field Sobriety Test Results in Central Texas

Not only is it possible to challenge the results of a field sobriety test, but it is also wise to do so. These tests are highly subjective, and the results are often inaccurate. However, if you do not challenge the results, you will almost certainly be charged with DWI, which can lead to a wide range of criminal and administrative penalties. 

The best way to challenge a FST is to contact an experienced DWI attorney, like ours at Smith & Vinson Law Firm. An attorney from our firm can look for inaccuracies, mistakes, and other issues that call the results of the test into question. 

In challenging field sobriety test results, our Austin field sobriety test attorneys often ask key questions such as:

• Was the testing area well-lit, or was it dark?
• Was the ground uneven?
• Was the defendant wearing high-heeled shoes or other clothing that affected their ability to perform the requested actions?
• Did the officer give clear instructions, or were the instructions confusing? 
• Did the officer properly evaluate the defendant’s performance?
• Does the defendant have a physical condition that would impact their ability to perform the tests?
• Was the officer properly trained in administering field sobriety tests?
• Did the officer give a test sanctioned by the NHTSA? 

Once we have thoroughly examined the circumstances surrounding the test, we can begin to build a case aimed at challenging this evidence. Our team works quickly to minimize the impact of a DWI arrest on your life. We are ready to fight for you; get in touch with us today to learn how.

Call our office at (512) 359-3743 or submit a secure contact form today to get started with a free and confidential case evaluation. 

Field Sobriety Test FAQ

Do I have to take a field sobriety test in Texas?

In Texas, you are allowed to decline a field sobriety test. However, due to the state’s implied consent laws, you could face consequences for doing so. The officer may arrest you and require you to submit to a breathalyzer, blood, or urine test. You could also face automatic driver’s license suspension for refusing a FST, even if you are not convicted of DWI. 

What if I already took and failed a field sobriety test? 

If you took and failed a field sobriety test, you should reach out to a knowledgeable DWI defense attorney right away. An attorney can determine whether the test was supported by probable cause or administered correctly. Your attorney could also uncover other factors that may have affected the test’s accuracy and use this to fight for reduced or dismissed charges. 

Should I hire a lawyer after failing a field sobriety test? 

Working with an attorney after failing a field sobriety test offers several significant advantages. DWI attorneys are knowledgeable in defending clients against these types of charges and are well-versed in the intricacies of field sobriety tests. They possess a deep understanding of the standardized procedures required for these tests and can skillfully challenge their validity in court.

How can a field sobriety test attorney at Smith & Vinson Law Firm help me? 

Our lawyers work to identify errors or inconsistencies in the administration of field sobriety tests, such as improper instructions, faulty equipment, or external factors that could have influenced test performance. By leveraging this knowledge, our Austin field sobriety test attorneys can build a robust defense strategy tailored to the specific circumstances of your case, potentially leading to reduced charges or even case dismissal.

What’s more, a field sobriety test lawyer from our firm can navigate the complex legal landscape surrounding your Texas DWI case. We are familiar with state laws, procedures, and precedents related to DWI and DUI offenses, allowing us to mount comprehensive defenses for our clients. Our attorneys can explore alternative explanations for test results, challenge the prosecution's evidence, and negotiate with prosecutors to secure favorable plea deals if and when appropriate.