Getting pulled over for suspected DWI is stressful enough. But when an officer asks you to step out of the car and perform a field sobriety test, things can get even more confusing and nerve-racking. If you’ve been arrested after failing one of these tests, you might be wondering if the results can hold up in court.
The short answer is yes. Field sobriety tests can be challenged in Texas. These tests are not as reliable as many people think, and there are plenty of ways an experienced Texas DWI defense lawyer can question their accuracy and fairness.
What are the standard field sobriety tests in Texas?
In Texas, law enforcement uses three main field sobriety tests approved by the National Highway Traffic Safety Administration. These tests are designed to help officers determine whether a driver is impaired. But even under ideal conditions, they aren’t perfect. Here’s what they involve:
- Horizontal Gaze Nystagmus (HGN): The officer holds a pen or finger in front of your face and asks you to follow it with your eyes. They’re looking for an involuntary jerking movement called nystagmus, which can be more pronounced when someone is intoxicated.
- Walk-and-Turn (WAT): You’re told to walk nine heel-to-toe steps in a straight line, turn on one foot, and walk back the same way. Officers are checking for balance, coordination, and whether you follow instructions.
- One-Leg Stand (OLS): You must raise one leg about six inches off the ground and balance on the other while counting aloud until the officer tells you to stop. This is usually around 30 seconds.
Are these tests reliable?
Field sobriety tests are deeply flawed, even when officers administer them correctly. Several outside factors can cause sober drivers to fail field sobriety tests, including:
- Uneven ground or poor lighting.
- Wind, rain, or cold temperatures.
- Fatigue, anxiety, or nerves.
- Vertigo, joint pain, or balance disorders.
- Age or weight-related mobility issues.
Even something as simple as wearing boots or dress shoes can throw off your balance. These tests rely heavily on the officer’s judgment, and that opens the door to mistakes.
What are the common reasons these tests are challenged?
When you work with a Texas DWI defense attorney, your lawyer can challenge the results of a field sobriety test and possibly get them tossed out. Here’s how:
- Improper administration: Officers must follow specific guidelines when conducting field sobriety tests. If they skip steps, give confusing instructions, or rush the process, it can affect your performance. Courts may throw out improperly administered tests.
- Medical issues: Not everyone can stand on one leg or walk heel-to-toe, regardless of sobriety. Medical records showing a history of joint pain, neurological problems, or other conditions can cast doubt on test results.
- Unfair conditions: Field sobriety tests are often done on the side of the road, in the dark, with cars rushing by. That’s not exactly an ideal environment. Uneven pavement, headlights, bad weather, or loud traffic can all affect how someone performs.
- Subjective scoring: There’s no breathalyzer involved here. The officer decides whether you passed or failed based on what they see. If they already suspect you’re impaired, they may interpret small mistakes as signs of intoxication.
How does video footage factor into a DWI case?
More often than not, officers wear body cameras or have dashcams that record the entire traffic stop. That footage can be a huge asset to your defense. Let’s say the officer wrote in the report that you stumbled, slurred your speech, and didn’t follow directions. However, the video shows you standing calmly, speaking clearly, and doing your best on the test. That’s a problem for the prosecution.
In some cases, the video may also show the officer making mistakes during the test, such as giving poor instructions or cutting it short. If what’s on tape doesn’t match the report, a lawyer can use that to raise doubt in court.
Can a DWI lawyer get the results dismissed?
Without the test results, the prosecution may have a much harder time proving you were impaired, especially if there’s no breath or blood test to back it up. If your lawyer finds legal or procedural issues with how the test was conducted, they can file a motion to suppress. This is a formal request asking the judge to exclude the field sobriety test results from evidence. Here are a few reasons a court might grant that motion:
- No reasonable suspicion for the stop in the first place.
- Lack of probable cause to conduct the test.
- Improper test administration.
- Violation of your rights during the stop or arrest.
What else can impact the outcome of a DWI case?
Field sobriety tests are only one part of the equation. Prosecutors may also rely on:
- Officer observations (odor of alcohol, red eyes, slurred speech)
- Your driving behavior before the stop
- Your statements to police
- Chemical tests (breath, blood, or urine)
If other evidence is weak or circumstantial, undermining the field sobriety test can deal a major blow to the case. That’s why it’s important to have an attorney examine every piece of the traffic stop and arrest.
A DWI defense lawyer can fight for your freedom
If you've been charged with a DWI in Austin, Waco, Temple, or anywhere in Central Texas, your next steps can make all the difference in your future. At Botsford & Roark, our highly skilled legal team is here to guide you through these challenging times. With decades of legal experience and a track record of meaningful results in high-profile cases, we know how to fight DWI charges head-on. Our legal team can protect your rights, challenge the evidence, and work to reduce or dismiss the charges against you.
When you speak to the legal team at Botsford & Roark, you’ll get a free, confidential case evaluation with a seasoned defense attorney who knows the ins and outs of Texas DWI law. We’ll review your arrest, explain what you’re facing, and walk you through your options. Plus, we’ll explore every angle of your case to build the strongest defense possible. We’re also here to help with license reinstatement, ALR hearings, and keeping your record clean so you can move forward with confidence.
The sooner you act, the better your chances of protecting your freedom and mitigating the consequences of a DWI. Contact us online or call today to schedule your free consultation. Let us fight for your name, your rights, and your peace of mind.
“Arguably the best attorney in Austin. If he agrees to take your case, retain him.” - MCE, ⭐⭐⭐⭐⭐