Field Sobriety Tests

Round Rock DWI Attorney

Searching for an attorney to defend you against DWI charges? 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.

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 movements.

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:

  • 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 Round Rock, Williamson County and Georgetown.

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