DWI Field Sobriety Tests

The Law Offices of Tad Nelson & Associates

DWI Attorney Representation in Houston, Texas since 1992

Houston DWI Attorney - Field Sobriety Tests

There are many different types of field sobriety tests that Houston police officers give to defendants who are pulled over for a potential DWI in Texas. These tests are designed to determine if the driver of the motor vehicle is in a suitable condition to operate a motor vehicle and will play a vital role for the prosecution against your DWI lawyer?s defense strategy. Field sobriety tests will test the physical agility and attention of the driver. None of the tests are mandatory, but do not rely on a police officer to tell you that. In any case if you have not been drinking and you are pulled over for a potential DWI, your lawyer will always recommend that it is a good idea to take the test and pass, instead of refusing and having to argue in court later on. A refused field sobriety test after being pulled over for a DWI will not look good when it is brought up during your trial.

Nystagmus: This is when the police offer will move a small object in front of the driver?s face from side to side to see if the subject?s eyes begin to involuntarily jerk around or trembling. Police officers are trained to pick up when a DWI suspect may be intoxicated because of involuntary eye spasms during this test.

Walk and Turn: During the walk and turn test a police officer will draw a line in the road about nine feet in length and asks the DWI suspect to walk heel-to-toe along the line until he reaches the end. The suspect will then be asked to turn around and proceed back down the line walking heel-to-toe. Police officers are trained to look for DWI suspects that cannot keep their balance, stop during the test or leave space between heel-to-toe steps.

The One Left Stand: The DWI suspect is asked to raise one leg roughly six inches off the ground and begin counting or reciting the alphabet out loud. If the DWI suspect begins to raise his arms during the one left stand process or starts swaying, stumbling, trembling, or falling down it is usually a clear sign to the police officer that the suspect has likely been driving while intoxicated (DWI).

Finger to Nose: During this test the DWI suspect will be asked to put his feet together, close his eyes, and slowly bring his index finger up and touch the tip of his nose.

The Rhomberg Balance Test: During this last test the police officer will advise the defendant to tilt their heads back, close their eyes, and estimate 30 seconds before being able to resume a casual position. The officer will look to see if there is any swaying, swaggering, or the inability to stand up.

There are a few other field sobriety tests but any DWI lawyer will tell you that these tests are important ones and if any have been performed on you your lawyer will need to prepare a strong legal strategy to discredit the prosecutions case. The good thing about these tests is that not everyone is able to complete all these tests due to other reasons beyond their control. A DWI lawyer may use this strategy when defending a DWI defendant in a court of law.

The most dangerous field sobriety test is the breath analyzer test. This is a breath test given to the suspect to see if there is any trace of alcohol on his breath. This test will produce immediate results and is a critical piece of evidence in the prosecutions case. In order to have any chance of defense during a DWI arrest you need to contact an experienced DWI lawyer that has the skills to fight your case effectively. Contact The Law Offices of Tad Nelson to arrange a free initial consultation with an aggressive Houston DWI lawyer.