Houston Criminal Defense Attorney

Field Sobriety Tests in Houston, TX

Our Houston DWI Lawyers Can Challenge Test Results

Police administer field sobriety tests to determine if a driver was operating a vehicle while under the influence of alcohol. But was the officer qualified to give the test? Did he or she change the rules and add more challenges than are warranted? If you were arrested for DWI and “failed” the breath test or field sobriety tests, your case is far from over. You have the opportunity to enlist the services of a Houston DWI attorney who knows how to challenge these tests and secure a dismissal of DWI charges.

Our founding attorney, Jed Silverman, is a licensed standardized field sobriety test operator and has performed this test on hundreds of people across Texas. Jed Silverman understands that "standardized" is the key word here: people come in a myriad of shapes, sizes, and physical conditions; their mental and emotional states may vary from hour to hour. Executing a test that truly treats everyone the same does not necessarily provide an accurate measure of sobriety. This presents defense opportunities our team is adept at recognizing and using to our advantage.

What Factors Can Influence Field Sobriety Test Results?

The administration of field sobriety tests, such as the one-leg stand, walk-and-turn or horizontal gaze nystagmus, are one of the methods used by police to gauge a driver's ability to operate a motor vehicle. Ostensibly, these tests are made for identifying inebriation, but there are many other factors that could inhibit one’s ability to pass a field sobriety test besides alcohol consumption, including:

  • Fatigue
  • Fear
  • Mental disorders (dyslexia, ADD)
  • Physical disabilities
  • Weight
  • Height

Inappropriate test locations, on uneven pavement or high-traffic areas that provide too many distractions, may also adversely affect their outcome. When our team takes on a new DWI case, we look at all factors that may have affected field sobriety test results in order to determine how we can use this to our client’s benefit. Contact our offices at (713) 597-2221 today to talk about your arrest, field sobriety tests and other aspects of your case.

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