Field sobriety tests are notoriously inaccurate. However, if you consent to a field sobriety test and fail, the prosecuting authority can use this as evidence against you in court.
Texas is an “implied consent” state. Whenever you start a vehicle, you automatically consent to breathalyzer tests. If you refuse, your license will be suspended. It is almost always best to take the breathalyzer.
However, you should refuse all other field sobriety tests. These are highly subjective in nature, and factors outside of intoxication can cause you to fail.
If you are facing DWI charges in Texas, contact the Law Offices of Robert Gregg. Even if you failed a breathalyzer or field sobriety test, there may be a defense that works in your favor.
Mr. Gregg is a former president of the Texas Municipal Justice Bar Association. As a local DWI defense attorney in Dallas, he can structure a defense based on the unique facts of your arrest.
Call 214-559-3444 to schedule a consultation. Until then, read on to learn eight reasons why you can fail field sobriety tests – even if you are sober:
- Misunderstanding
According to USAttorneys.com, sobriety tests are often ambiguous, confusing and overwhelming – especially if it is your first DWI stop. Suspects may not understand the instructions, which can cause them to fail.
- Incorrect Testing
Officers undergo extensive DWI training to ensure they administer field sobriety tests correctly. According to the Dallas Police Department, this training occurs throughout officers’ careers. Unfortunately, mistakes still happen, and incorrect administration can influence the results.
- Knee Issues
Knee trouble will make certain tests challenging, such as the walk and turn. For this reason, officers must ask if you have any health problems that could affect your performance.
- Back Pain
Like knee issues, back pain can make sobriety tests difficult to pass. It can cause incoordination while walking in a straight line or standing on one leg, which can affect the test results.
- Excessive Weight
Obesity can prevent people from completing certain field sobriety tests. People with high BMIs are not good candidates for these tests; in fact, officers cannot even request obese people to take them.
- Aging
Aging affects physical and mental performance, which can hinder a suspect’s performance on field sobriety tests. Police may not ask anyone older than 65 to participate in these tests. Medications, health conditions and general aging can influence the results.
- Tiredness
Fatigue causes the same symptoms as intoxication: blurry vision, bloodshot eyes, slurry speech and loss of balance. Police make most DWI arrests at night, when people are tired.
- Anxiousness
Seeing those blue lights in the rearview mirror will cause anyone to feel anxious – even if they have done nothing wrong. Nervousness can affect mental and physical performance, which can influence the results of field sobriety tests.
If Texas police have charged you with DWI, contact the Law Offices of Robert Gregg. Mr. Gregg is a Dallas DWI lawyer who will aggressively fight for a positive outcome to your case. Call (214) 891-7536 to schedule a consultation.