Texas DWI Lawyers Explain Reasons for Failing Field Sobriety Tests

Hey y’all! This article is gonna walk through some reasons people might fail field sobriety tests in Texas, even if they ain’t actually drunk. We’ll look at the tests themselves, issues with how they’re given, and reasons sober folks can still fail ’em. Buckle up and get ready to learn a thing or two!

What are Field Sobriety Tests?

First things first – what are field sobriety tests anyways? These are little tests police officers can give drivers on the side of the road if they suspect drunk driving. There are a few standard ones:

• Walk and Turn (or Walk the Line) – walking heel to toe in a straight line
• One Leg Stand – standing on one leg and counting out loud
• Horizontal Gaze Nystagmus (the “eye test”) – following a pen or light with your eyes

The officer looks for balance issues, inability to follow instructions, or other signs you might be under the influence. Fail one or more and you could end up with a DWI charge.

Problems with Field Sobriety Tests

Now don’t get me wrong, these tests can provide clues about intoxication. But they ain’t perfect. Lots of issues can lead to failure, even for sober drivers!

Test Administration

First up – the tests themselves. Officers need proper training to give these tests right. But let’s be real, they’re human like the rest of us. They can forget steps or get things mixed up, especially on a busy night with lots of traffic stops. If the instructions or setup ain’t quite right, even sober folks will have trouble.

Subjective Scoring

Another issue is how the tests get scored. There’s some objective stuff, like stepping off the line or using your arms for balance. But other signs, like swaying or “lack of smoothness”, leave room for the officer’s judgement. Their own bias could sneak in, causing them to see impairment where there ain’t none.

Test Conditions

Don’t forget the conditions out on the road. Between noise, bad weather, and uneven surfaces, these tests get harder for anyone. Heck, put me in heels on a gravel driveway at night and see how well I do!

Physical Limitations

Now let’s talk physical factors. Lots of conditions can make these tests tougher, even if you’re stone cold sober:

• Injuries – bum knees or ankles, a bad back, you name it
• Age – balance and coordination ain’t what they used to be
• Size – tough to stand on one leg with a higher center of gravity
• Disabilities – anything that affects movement or coordination

Officers don’t always ask about this stuff beforehand. So even if you tell them after failing, they may not take it into account.

Mental Factors

Your state of mind can also play a role. Being nervous, distracted, or overwhelmed don’t help. Neither does confusion if the instructions weren’t clear. Heck, even overthinking things can mess you up – ever choked on a test you knew perfectly well thanks to nerves? It happens, and it could look like impairment.

What Now? Refusing vs. Taking the Tests

So you’ve been pulled over and the officer wants you to take these field sobriety tests. What should you do?

You can legally refuse in Texas. But refusing comes with consequences – at minimum your license will be suspended for 6 months. And it could still give the officer reason to arrest you for DWI. So refusing ain’t risk-free.

But taking the tests is risky too. We’ve seen all kinds of ways they can go wrong. And they provide evidence the prosecution can use against you in court.

There’s no one “right” choice for everyone. Think through the risks and benefits with your specific situation in mind. And consider calling a lawyer first if you can – they can help assess your options.

Fighting Back Against Failed Tests

Let’s say you took the tests and failed. Don’t panic – your lawyer can still fight this.

If the tests weren’t done right, your lawyer can argue there was no probable cause to arrest you. Any evidence after that point could get thrown out, even leading to the whole case being dismissed.

They can also argue the results are unreliable. Bringing up issues like bad instructions, physical limitations, etc. Poking holes in the tests shows reasonable doubt you were actually impaired.

And if the case does go to trial, expert witnesses can explain problems with these field sobriety tests. Educating the jury on their flaws could help get an acquittal.

The Takeaway

Field sobriety tests can go wrong for lots of reasons. Failing don’t automatically mean you’re guilty. With the right legal strategy, you can fight back against unreliable results.

If you or a loved one failed these tests, don’t panic. Call an experienced DWI lawyer to start building your defense today.