Field Sobriety Tests

The Cochran Firm

After a person has been stopped for driving while intoxicated (DWI) by Texas law enforcement, he/she will be asked to take a breath test and to perform field sobriety tests.  The one thing people should always remember is that both the breath test and field sobriety tests are consensual and that often times, they are better off saying “no” to the field sobriety tests. 

Field sobriety tests are really coordination or agility examinations that were created years ago by the National Highway Traffic and Safety Administration.  The NHTSA created these tests as they believed that if a person is under the influence of drugs and/or alcohol, his/her coordination would be adversely impacted.  For instance, when most people are drunk, they tend to stumble or have a hard time walking without tripping or staggering.  Field sobriety tests are geared toward catching such lack of coordination which is then attributed to being impaired. 

In Texas, law enforcement officers ask people to perform 3 field sobriety tests:  the walk and turn test, the horizontal gaze nystagmus test and the one leg stand test.  While people are performing the tests, law enforcement will look for signs of intoxication, such as:

• stumbling
• tripping
• falling
• inability to follow directions
• inability to complete the task
• lack of balance

If people exhibit these behaviors, officers will usually rule that the people are under the influence of drugs and/or alcohol.  They will then be arrested for DWI.  Additionally, if officers believe people have not performed the tests exactly as instructed, they will say that the people have failed.  Passing or failing really boils down to an officer’s judgment and perception.  This is why most people are better off refusing to take the tests as officers may exercise poor judgment or bias.  

Dallas DWI Defense Lawyers

The Cochran Firm has immense experience helping those who have been charged with DWI in Texas.  If you have been charged with driving while intoxicated, contact our Dallas DWI defense lawyers today!