Field Sobriety Tests
San Antonio DWI Attorney: (210) 460-1221
Have you been accused of driving while intoxicated? In Texas, a driver
can be arrested for
DWI if they are found to be driving with a blood alcohol content (BAC) of
0.08% or above. In order to determine whether or not the individual is
above the legal limit, a breath test or blood test may be administered.
These tests can accurately analyze the levels of alcohol in the bloodstream.
There are other ways, however, that peace officers can decide if someone
is too impaired to drive. These are known as field sobriety tests. This
does not analyze the blood or breath like the other tests, but it judges
whether or not the person is able to complete tests which would be simple
if they had not been drinking. According to the National Highway Traffic
Safety Administration (NHTSA), there are three main field sobriety tests
used by law enforcement. These tests were developed to test the sobriety
of the driver in question and peace officers are trained on how to administer
and interpret the results of these tests. If you have been charged with
a DWI after failing a field sobriety test obtain a San Antonio criminal
defense attorney from our firm!
One Leg Stand
The first field sobriety test is a divided attention test, meaning it examines
whether or not the person is able to do two things at once. The individual
is asked to stand with one foot about six inches from the ground. They
must keep their balance while counting out loud until they reach thirty
seconds. Some indicators that the individual may be inebriated include
failure to stay balanced, having to put their foot down, or the necessity
to use their arms to stay balanced. When this test was being researched,
it was discovered that it produced accurate test results in 83% of the
cases. Even though this is a good percentage, it still leaves room for
error. If you believe that you were falsely accused of DWI based on the
findings of your one leg stand test, we could examine all the evidence
against you and seek to get your charges dropped.
Walk and Turn Test
Another field sobriety test which divides the driver's attention in
order to determine if they are under the influence of alcohol is the walk
and turn test. This test can easily be completed by people who are not
intoxicated, but drunk drivers find it very difficult to successfully
pass. The law enforcement officer will ask the driver to walk in a straight
line heel-to-toe. After they have taken nine steps, they will have to
turn around and do the same thing again. The officer will watch to see
how well they are able to follow instructions as well as whether they
are able to keep count. If they begin to lose their balance or step off
of the line, it could be an indicator that they are intoxicated. This
test is even less accurate than the one leg stand at 79%. Again, our team
understands the ins and out of this test and will fight to protect you
if you were accused of DWI based on failing this test.
Horizontal Gaze Nystagmus Test
When someone moves their gaze from side to side, there is an involuntary
jerking of the eyes that takes place known as horizontal gaze nystagmus.
When someone is under the influence of alcohol, this jerking can become
exaggerated. When pulled over for suspected drunk driving, a law enforcement
officer may use a pen or flashlight and ask the driver to follow it. If
they notice the tell-tale signs during this test, the driver could be
placed under arrest. There are, however, other reasons why an individual
may fail this test, such as the use of certain medications or certain
illnesses. To learn more, please
contact a San Antonio DWI lawyer from our office today!