Mark T. Davis | Attorney At Law

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Mark T. Davis | Attorney At Law
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Field Sobriety Tests In Texas

When a police officer pulls over a driver on suspicion of driving under the influence of alcohol or drugs, he or she may request that the driver perform a field sobriety test. These tests are not scientific, and Texas law does not require you to take them.

If you choose to take the test, the officer will demonstrate it for you. Because the entire event is videotaped, the officer’s performance becomes the standard against which you will be measured. Officers practice the tests and make them look very easy. The truth is that the tests are difficult if you have never done them before, even for completely sober people.

If you failed a field sobriety test, we will use my experience as an El Paso DWI defense law firm to search for defects in the way the test was conducted and any other improper police conduct. To speak with us, call 915-493-8441, toll free Call or contact our law firm online.

Types Of Field Sobriety Tests In Texas

Three tests are used by law enforcement in Texas. They are:

  • One leg stand test: The person is required to stand on one foot with the other a few inches off the ground while counting for about 30 seconds. Police consider the test failed if you put your foot down or even use your arms to balance.
  • Walk and turn test: For this test, the person is required to walk heel-to-toe for nine steps, then turn around and walk back nine steps, along a straight line. There are significant limitations on this test that police frequently ignore. The test is not supposed to be administered to someone wearing high heels or someone more than 50 pounds overweight. There are also many possible reasons for failure such as prior injuries or uneven pavement.
  • Horizontal gaze nystagmus test: For the HGN test, the person is asked to follow a moving object, like a pen, with their eyes. If the eyes jerk back and forth or do not follow the object smoothly, the officer may consider the test failed.

If you were pulled over and charged with drinking and driving, we are ready to fight for you. We know how to point out the weaknesses of these tests to a jury, and we will do my best to get positive results for you.

Contact An El Paso DWI Defense Law Firm Today

We are ready, willing and able to go to work for you today. If you have been arrested or are under investigation, call 915-493-8441, toll free Call or contact us online to schedule an appointment. Services are available in English and español and we serve clients throughout El Paso County.