HOUSTON DWI LAWYER | HORIZONTAL GAZE NYSTAGMUS, ONE LEG STAND, WALK AND TURN

Attorney for Field Sobriety Tests in Houston

When you see field sobriety tests on television, they always seem so official and easy to evaluate. Also, they’re always asking the person to touch their nose and recite the alphabet backwards. The reality is that field sobriety tests are quite different than those shown on your favorite Pasandena TV shows.

First of all, these tests are completely subjective. Unless the driver is so drunk they can hardly stand up, the test subject will usually be able to perform the test almost as well as a completely sober person. That’s why laboratory tests have shown the tests to be only 90% accurate under perfect situations. Once you throw in real world conditions in Harris County, including traffic, poor foot wear, uneven road surfaces and more, these tests become really inaccurate.

The shows also love to demonstrate people taking sobriety tests that are completely outdated and no longer used. There are only three tests that have an accuracy rating above 50% and these three are the only ones still used. They are:

Horizontal Gaze Nystagmus. An officer holds a pen or flashlight in front of the test subject and asks her to follow it with her eyes. The officer then watches the movement of the eye to see if it behaves erratically or normally. This test is sometimes shown on "the tube" because it looks interesting and official. While it is the most accurate of the sobriety tests, it can be affected by car headlights and any medication the driver takes on a regular basis. If you are on medication, this information may be used in your favor in your Houston DWI trial.
One Legged Stand. The subject is asked to lift one foot in front of her body, a few inches off the ground. She then must look at her lifted toe and count out loud. The officer will evaluate her balance and her ability to listen to directions. This test can be easily affected by high heels, uneven roadways and even just a subject’s poor coordination, even while sober. If a clumsy person takes and fails this test, their Houston DWI lawyer may help them prove their bad balance in the courtroom to have the evidence shown to be useless.
Walk and Turn. The officer will instruct the subject to walk a number of steps, heel to toe, then turn and come back in the same manner. Sometimes the officer will demonstrate, sometimes he will only provide verbal directions. Similar to the One Legged Stand Test, the officer is evaluating the subject’s balance and listening abilities. Also like the One Legged Stand, the test can be dramatically affected by the subject’s natural balance, her footwear and the condition of the roadway she is tested on.

Another thing the television tests don’t mention is that a suspect can always refuse these tests consequence free. They are not legally required. The officer will generally say you will be arrested if you refuse to take the tests, but by the time he has decided to make you take a Field Sobriety Test, he is already planning to arrest you. These tests are merely a way for the officer to collect more evidence before he brings you in to the station for chemical testing. The notes he takes will be used against you, and while your Houston DWI lawyer can help defend you against this evidence, it is much easier to simply not provide it in the first place.

Contact our Texas DWI Defense Law Firm

If you have been arrested in Sugar Land, Baytown, Spring or anywhere else throughout Harris County, contact Houston DUI lawyer to help defend you. Whether or not you took the Field Sobriety Tests, a Houston drunk driving defense attorney can help show your innocence at both your ALR hearing and your criminal trial. Do not wait, call today for your free initial consultation.