Field Sobriety Tests in Williamson County
Round Rock DWI Attorney
Searching for an attorney to defend you against
DWI charges in Round Rock?
R. Scott Magee, Attorney at Law has nearly 2 decades of experience defending clients against all types
of DWI charges including multiple DWIs, child endangerment and felony
DWIs. If you are facing DWI charges of any sort, you could be facing jail
time, a driver's license suspension, thousands in fines, and an annual
fee ranging from $1,000 to $2,000 just to keep your driver's license.
Williamson County attorney R. Scott Magee is a skilled negotiator and equally
competent trial lawyer with extensive experience representing clients
before the state and federal courts of Texas. Attorney Magee can provide
you with a strong defense whether you are facing charges for a simple,
first time DWI, or more serious charges such as intoxication manslaughter,
where the driver accidentally kills another person while driving under
the influence of alcohol or drugs.
Did you fail the field sobriety tests?
Did you fail the 3 roadside tests better known as the Standardized Field
Sobriety Test (SFST)? The SFST is a battery of 3 test that are administered
by law enforcement during a routine DWI stop to determine if the driver
is over the blood alcohol concentration (BAC) limit. The walk-and-turn
and one-leg-stand tests are "divided attention" tests that require
the suspect to listen to and follow instructions while performing physical
The three test used to make up the STST include:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn (WAT)
- One-Leg-Stand (OLS)
These tests were developed in the 1970s and by 1981, the National Highway
Traffic Safety Association promulgated a federal standard for field sobriety
testing procedures. Today, the evidence collected from these tests is
used to gain probable cause to make an arrest and is admissible in court.
Can I challenge the results of field sobriety tests?
Field sobriety test are not backed up by scientific evidence and are often
highly subjective in nature. You can challenge the results of field sobriety
test evidence. If you feel that the results of your field sobriety tests
were faulty, we may be able to challenge the admissibility of the FST
evidence at trial. There are many factors that may influence your ability
to perform well on FST tests, some of which include:
- Your physical condition, including age and weight.
- Whether you were physically ill, are hearing impaired, were on medications
or use contact lenses.
- Roadside conditions such as wind, standing on an incline, ice, rain or snow.
While you should always cooperate with the police and act polite and respectful,
you should know that drivers are not legally required to perform field
sobriety tests. However, if you refuse to submit to a chemical test in
the form of a blood, breath or urine test, you will face automatic driver's
license suspension under Texas' implied consent law.
Since most field sobriety tests are conducted before a police officer's
dash cam, if a FST is challenged, the video footage from the test will
most likely be used as evidence against you in court. This is why it's
a good idea not to take these tests when asked to.
If you wish to challenge the results of your field sobriety tests, it is
highly recommended that you
contact R. Scott Magee, Attorney at Law for a
free case evaluation. We will know how to provide you with the right advice and proceed with
defending your DWI charges in