
Field Sobriety Tests in Texas
DWI Attorney in Fort Worth
You should be aware that cooperating with the requests of an arresting police officer who has pulled you over on suspicion of driving while intoxicated (DWI) does not necessarily mean the officer will let you go or "go easy" on you. If the officer asks you to agree to a field sobriety test, this probably means that he or she is already assuming you are guilty of drunk driving. These tests are designed for failure.
The fact of the matter is that it is your right to refuse to submit to a field sobriety test - and, in many cases, it is also in your best interest to do so. The wisest and safest course of action is to simply refuse to take the test or to answer any questions without an attorney present. Do so respectfully and courteously, but firmly, and then retain a competent Fort Worth criminal defense attorney as soon as possible.
Insider Perspective from a Former Police Lieutenant
Attorney David Sloane of the Law Offices of David Sloane is a former police lieutenant with two decades of experience in the legal industry. He has a level of insider knowledge and a "behind the scenes" perspective that very few attorneys can offer. Mr. Sloane has been trained in how to operate the breath-testing equipment used by police officers throughout the state of Texas, known as the Intoxilyzer 5000, and he has even instructed police recruits in the proper administration of field sobriety tests.
Because of his experience, he is aware that it is extremely difficult to "pass" field sobriety tests - even for a completely sober individual! That is because these tests are highly subjective. Because the arresting police officer is actively looking for symptoms of intoxication, he or she is likely to find symptoms regardless of your blood alcohol content.
Texas Field Sobriety Tests
The three field sobriety tests commonly used by Texas police officers are as follows:
- Nystagmus Gaze Test - In the nystagmus gaze test, the driver is asked to "follow" with his or her eyes the movement of an officer's finger, pen, or another object. The officer will look for "jerking" movements of the eyes, which is a symptom of drinking. The nystagmus gaze test is highly subjective and all but impossible to "pass," as most individuals will experience nystagmus if they have been drinking at all or if their eyes are fatigued from performing the test for too long.
- Walk-and-Turn Test - In this test, the driver will be asked to take nine heel-to-toe steps in a straight line with their hands at their sides. They will then be asked to take small steps in order to turn around and take another nine heel-to-toe steps back to the officer. The officer will watch for signs of intoxication from the moment he or she asks the driver to stand and place their arms down. Any swaying or unsteadiness or failure to count aloud will be considered a sign of intoxication. Many people who have not been drinking at all find this test difficult to "pass" perfectly the first time.
- One-Leg-Stand Test - In the one-leg-stand test, the officer will ask the driver to lift one foot above the ground and let it hover for a 30-second period of time while looking at their feet and counting aloud. Any swaying or signs of imbalance will be considered a sign of intoxication, and many sober testers find that the test is not easy or is even impossible to pass - particularly if he or she has a health condition, is overweight, has an injury, or is tired.
Contact Attorney Sloane for a Free Consultation in Tarrant County, TX
Clearly, "passing" a field sobriety test is a subjective concept. Rather than subject yourself to the embarrassment and possible incrimination associated with a field sobriety test, it is in your best interest to politely refuse and then hire a good Fort Worth DWI attorney who can protect you from misleading or trumped-up charges.
With your freedom, your license, and your reputation at state, there is no reason to hesitate. Learn more about how Mr. Sloane is ready to put his experience to work in the defense of your rights and freedom in a free case evaluation that you can schedule right now just by speaking to a member of the firm's Fort Worth office staff.
For the tough, effective, and compassionate advocacy you need and deserve, call the Law Offices of David Sloane today at (817) 349-7118!

Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
-
Motion to Adjudicate Dismissed Motion to Adjudicate - Possession of 4 to 200 grams of Methamphetamine, Evading Arrest with a Vehicle, and Theft of $30,000 to $150,000
-
Cases Dismissed Burglary of Habitation and Interfering with Emergency Call
-
Reduced Under 12.44 Motion to Adjudicate - Possession of Methamphetamine Under 1 Gram and Criminal Trespass
-
Reduced to Obstruction of a Highway Driving While Intoxicated (DWI)
-
Reduced to Class C Non-Reporting Probation Driving While Intoxicated (DWI)

Testimonials From Real People
See What Clients Have Said About Us
-
Mr. Sloane and his office are definitely the right lawyers to choose to expect the best outcome of your case. He more than just helped me get through mine, he literally saved my family and I . I made a mistake as we all do, but this was a felony and he did everything in his power to keep me from going to prison and or lengthy probation. It was the best investment I made cause it paid off with minimal penalty. Words can’t express the gratitude and appreciation I have for him. He’s on your side every step of the way!- Derek
-
Mr. Sloane has lengthy experience in law enforcement. This only adds to his already plethora of knowledge about the law. He understands procedures field officers must adhere to. Very easy person to communicate with and makes you feel he is definitely on your side. He will work with you in every aspect of your case. Explains your options and tells you what he believes is best and always works with you on your decision. His office is easily reachable and they respond in a swift manner. What stuck with me most was his world view. He is a humble man who stands by his beliefs. He will fight for what he believes is right. Really, he is all you could ask for as a legal representative and a general person. Highly suggest for the DFW metroplex!- Pasquale
-
I am from Phoenix AZ and hired David Sloan for a case I had in Sierra Blanca TX! He was very professional and also personable! He made my tough situation a breeze to get through!! I recommend him for anyone who needs help with a mistake they have made in life and need a smooth way of fixing the problem and moving on!!- Levi
-
Amazing lawyer. Has worked diligently with me on my cases, and has even been able to work out nice deals when I myself have made multiple mistakes. In the courtroom, he is courteous but firm, and will make sure you get the best deal possible if he can't already get your case dropped. By far the best lawyer in the state of Texas, especially for drug related offences!- Chaise
-
David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known. He has helped my family time and time again. We only trust him with our legal issues and you should too. You will not be disappointed with the results. He will fight tooth and nail for you and will not stop. Choosing any other attorney is a mistake.- Matt
-
A great, outgoing and easy to talk to attorney. Mr. Sloane gets right to the point and knows to handle a case. Worth your money I promise you. 5 stars! If I could.. 10!- Mary
-
David and his staff are excellent in helping you understand everything that is going on. If you want a lawyer to fight for you and not do the bare minimum then David Sloane is the one to contact. I went from having a state jail felony and a class b misdemeanor, to just a class c misdemeanor no felony. He also got it set up to where my record is sealed. I really have no idea where I would be or what the outcome would have been if I didn't choose David as my attorney. Olga is also very helpful as well and does an excellent job of letting you know when and where you need to be, and also helps you understand things going on with your case. I give David and his team 5 stars because of how they treated me and what an outstanding job David did. Thank you so much for your help.- JC
-
Great guy! Always helping out when it matters most. I recommend him to all my friends and family when in need and if he can’t help you he knows someone that can.- Judunn
