UNFAIR FIELD SOBRIETY TESTS
Sobriety tests are administered by law enforcement to determine whether or not a person is intoxicated, either publicly or during a traffic stop for a potential DWI or DUI. There are a variety of tests officers may use to test for intoxication, but the most common field sobriety tests are the single leg stand and balance test, the walk and turn test, and the eye test.
Each test is fairly self-explanatory, though the eye test is a bit more complicated. Unfortunately, these tests may very well be the difference between someone being charged with a DWI or DUI, and they are not necessarily the most reliable testing method for a number of reasons.
It is our opinion that these field sobriety tests are often unfair, which can lead to unjust accusations and charges for the people participating in the tests. From the demanding physical nature of the tests, to the potentially subjective reading of results, we believe that these tests present a biased and unfair means of determining intoxication.
Unfair in Nature
Most of these tests rely on a person’s physical capacity, and while a person might be fit to drive, that doesn’t necessarily mean they’re equipped and ready to handle an unexpected physical test of balance and coordination.
Whether it’s age, medical conditions, or even simply nervousness in the face of police presence, there are numerous ways that these tests might return a false positive for intoxication. In the moment, and at the discretion of any given police officer, you may be subjected to tests without any warning or explanation of how the officer will determine the results of your test.
While these tests are a mainstay of the standard roadside sobriety examinations, it is our opinion that they require a more accurate and complete scrutiny before a person faces a dire charge, such as DWI or DUI. As experienced Houston DWI lawyers, we believe every case deserves a fair trial, starting at the point a person is actually tested and charged for any given crime.
- What Is A DWI Specialist?
- 1st Offense DWI
- 2nd Offense DWI
- 3rd Offense DWI
- DWI Penalties
- Boating While Intoxicated
- BWI With Child
- DWI with CDL
- Driver License Suspension
- DWI Expunction
- DWI Probation
- DWI with Child
- Field Sobriety Tests
- Flying While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter
- Marijuana DWI
- Pilots with DWI
- Public Intoxication (PI)
- DUI For Minors Only
-
“Gary Trichter came recommended by a friend. I was told he was good but he's honestly fantastic! His staff, Cassie and Tracey are equally as awesome and so sweet! Gary is a very knowledgeable, caring, and creative lawyer. Call his office many times to talk about my case and I always feel like I get 100% attention. I highly recommend!”- Jenny S.
-
“Gary Trichter is hands down the best attorney you will find. If you ever need representation this is the man to hire. He worked hard on the details of my case and was always available to talk.”- James F.
-
“I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”- Luke F.
-
“With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”- Erica S.
-
“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
-
“Not only did Mr. Trichter guide me through the complex legal proceedings but he also took the time to explain the process to me in a clear and understandable way. His direct answers and understanding ear helped me vastly through my legal process. Thanks to you Gary!”- Seth L.
-
“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
-
“I highly recommend this Gary Trichter for anyone in need of expert legal representation. Him and his team guided me through every step of the process and fought tirelessly for the best possible outcome. Truly great work.”- Kevin W.
Unfair Field Sobriety Tests: Body Condition Can Change How You Perform
One of the main reasons we object to these tests as a gold standard for intoxication testing is because it relies heavily on a person’s physical fitness. Additionally, there is often little regard afforded to the circumstances of the individual.
For example, if someone is driving home after a late shift, tired and worn out from a physically demanding job, and they’re suddenly asked by a demanding authority to step out of their care and perform a series of balance tests? They may not perform as expected, even if they are in otherwise perfect health.
Fatigue, age, weight, pre-existing injuries and other conditions can all affect your ability to perform these tests. Unfortunately, due to common biases, someone stopping you and testing you for intoxication may be more inclined to see any failure as surefire evidence of intoxication, without considering the potential underlying effects someone’s personal situation may have on the test.
While we trust that officers and law enforcement are trained how to perform these tests, the test itself does not account for or involve officer training to identify a person’s overall physical condition. That is to say, officers can make cursory determinations at their discretion based on these tests, but without significant healthcare training, there’s no real way to determine whether or not these tests and their results are inherently tied to intoxication or some other factor.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
It’s Their Opinion
Finally, these tests rely heavily on the administering offer’s personal discretion. That means, essentially, that regardless of training and results, it’s up to the officer to decide if a person is intoxicated in the moment.
The subjective nature of these tests is wildly unreliable — the consequences of an arrest or potential charge for DWI or DUI are incredibly severe, as well. Potentially subjecting a person to such harsh punishments, legal proceedings, or arrest based on what is essentially an opinion is inappropriate at best, and inhumane at worst.
Still, without a more comprehensive and complete approach to field sobriety testing, it’s likely that many more will face unjust charges or unsubstantiated claims of intoxication. That’s why our team of professional Houston DWI defense attorneys is here to defend citizens facing unjust charges based on unreliable methods.
-
1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
-
On The Forefront Of ChangeWe don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
-
DWI Defense PowerhouseWe combine professional, aggressive criminal defense with caring, understanding legal counsel.