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.
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Charges Dismissed Keeping a Gambling Place & Intentionally & Knowingly Operate a Game Room
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Reduced to Misdemeanor Tampering with Evidence
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Case Dismissed Indecent Exposure
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Reduced to Class C Non-Reporting Probation Falsification of Drug Test Results
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Motion to Revoke Dismissed Probation Revocation - DWI 3rd, Possession of a Controlled Substance 4 to 400 grams, and Possession of Marijuana <2oz
Testimonials From Real People
See What Clients Have Said About Us
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"Thank you so much for what you did for me, I could never thank you enough!"I was arrested for possession of Marijuana, Called Sloane the moment I knew I needed help. I needed someone who would take action and get me out of a sticky situation. He filed papers and I just waited 3 years for any sign of a court date. Fortunately, the charges/case was dropped due to the statute of limitations. A few months after everything was dropped, I wanted to see if I could get some of the money I paid for him because he did not have to come to my town or do very much at all in those three years. I got in touch with his assistant and she said sorry it's a one time fee. David was nice enough to call me back an offer me some of what I paid. He was honest and did his job to the fullest extent I needed. He has blessed me with my life and an even better holiday gift! He will always be my go-to guy if I'm ever in a bad situation. Although I really hope I never have to call him again. Thank you so much for what you did for me, I could never thank you enough! God bless!- Auriel
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"David Sloane is hands down the most professional, trustworthy, and hard working attorney I've ever known."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
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"David is a great lawyer that knows what he is doing and cares."I just finished up with an assault charge and David’s office made it as easy as they could. David is a great lawyer that knows what he is doing and cares. I would recommend him to anyone.- Josh
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"He made my tough situation a breeze to get through!!"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
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"I consider this money well spent. He did a great job."I hired David Sloane to defend me against marijuana charge. He gave me the option of charging a flat fee. It was explained to me my cost would be fixed regardless of whether it took him one appearance in court or ten. I agreed to this as a means of limiting my legal cost. He was able to get the charges against me dismissed. I consider this money well spent. He did a great job for the price quoted.- Slade
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"5 stars! If I could.. 10!"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
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"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."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
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"A lifesaver!"A lifesaver! He knows his stuff- Sam
