Challenging Field Sobriety Tests in Texas

The Texas DWI Attorneys at Bailey & Galyen

If you were pulled over for drinking and driving, chances are you were asked to submit to a field sobriety test. The police officer may have put you through any one of a number of exercises ostensibly designed to gauge your manual dexterity and establish probable cause to either arrest you for DWI or ask you to submit to a breath or blood alcohol test. You can challenge the conclusions drawn from the test. But you want an experienced DWI lawyer who has successfully helped others in similar circumstances to protect your rights.

At the offices of Bailey & Galyen, our lawyers provide aggressive counsel regarding all matters related to a DWI charge, including the validity of a field sobriety test. We offer extensive experience, knowledge and skill, combining tenacious advocacy with thorough investigation and preparation. We know that an arrest or charge involving drunk driving can be a source of great anxiety and stress. We work hard to calm your fears, stressing communication and responsiveness in all our dealings with you. We will keep you updated on any developments in your case and will always explain your options so that you can make informed decisions.

To schedule a free initial consultation, contact our office by email or call us at one of the numbers listed below.

Contesting the Results of a Field Sobriety Test

Police performing sobriety test

Though law enforcement officers have used field sobriety tests as a basis for establishing probable cause to charge a person with DWI for years, objective studies have shown that the tests are highly subjective and that other factors, such as fatigue, fitness or weight issues, can be misinterpreted as alcohol-related. You don’t have to simply accept the arbitrary determination of a police officer. Let us help you challenge an inappropriate field sobriety test.

A field sobriety test can take many forms, including:

  • Horizontal Gaze Nystagmus (HGN) test
  • Walk and Turn test, where a person is asked to take nine steps back and forth down a straight line walking heel to toe.
  • One Leg Stand test, you are asked to stand with one leg six inches off the ground for approximately thirty seconds with your hands to your side.

You can also be subjected to the horizontal gaze test, where the police officer asks you to follow the beam of a pen light with your eyes. If your eyes twitch at an angle of less than 45 degrees, the officer may make a subjective determination that you are under the influence of alcohol.

Challenging The Validity of a Field Sobriety Test

We will assert all reasonable challenges to the validity of a field sobriety test. We know from experience that the credibility of these exercises can be compromised by environmental conditions, such as wind, rain or available light. The surface of the roadway can also have an impact on your performance.

Contact Skilled Texas Criminal Defense Lawyer

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