What is a standardized field sobriety test?

DWI Lawyer Trichter & LeGrand
Menu
24/7 FREE CONSULTATION

What is a standardized field sobriety test?

DWI Lawyer Trichter & LeGrand

A standardized field sobriety test (SFST) is a police tool to help the officer try to identify an intoxicated driver. 

The three SFSTs are as follows:

    1. The horizontal gaze nystagmus (HGN) test
    2. The one-leg stand test
    3. The walk and turn test

These three tests were developed by researchers funded by the National Highway and Traffic Safety Administration (NHTSA). 

According to those researchers, a failure of any of the tests means the person has an alcohol concentration of .08 or more

Of importance is the fact that there is a great ongoing debate about the validity, accuracy, and reliability of both the researchers’ conclusions and their tests.

There is no implied consent requirement that a person submit to a law enforcement officer’s request to take these SFSTs or any other police motor skill coordination exercise. 

Indeed, many knowledgeable people refer to the SFSTs as nothing more than “roadside gymnastics.”

 

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

MENU

How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)?

Gary Trichter AVVO Review
Menu
24/7 FREE CONSULTATION

How can a DWI Specialist challenge the Results of a Field Sobriety Test (FST)?

The Field Sobriety Test (FST) consists of three tasks that a police officer administers to a driver who is suspected of driving under the influence of alcohol. 

These guidelines are issued by the National Highway Traffic Safety Administration (NHTSA). 

According to defense attorneys in Houston, the tests include:

    1. HGN (Horizontal Gaze Nystagmus) – When a person is intoxicated, nystagmus is exaggerated. Nystagmus is the involuntary jerking of the eye as it gazes sideways. The officer asks the driver to follow a slow moving object from side to side and looks for signs of jerkiness or the inability to track the moving object.
    2. WAT (Walk and Turn) – A sober person typically has no difficulty following directions while performing simple physical tasks. The police officer directs a suspected drunk driver to take nine steps forward along a straight line walking heel to toe. Then he or she is instructed to turn around and repeat the process. A driver with impaired reflexes will typically use their arms to keep their balance, step off the line or take an incorrect number of steps.
    3. OLS (One Leg Stand) – The driver is ordered to stand on one foot while counting out loud until instructed to put the foot down. Officers look for drivers who are unable to maintain their balance.

Challenging the Field Sobriety Test

There are a number of ways an experienced DWI lawyer can counter field sobriety test results in court. 

He or she can challenge the accuracy of the test itself, or question the way the tests were administered by the police officer.

There are also instances when a driver’s physical condition may affect the results of a field sobriety test even if the officer thinks he had conducted them properly. 

For example, someone with an inner ear infection may temporarily have an impaired sense of balance. 

It would be very easy for this person to fail the OLS portion of the test (which tests for balance) and be judged to be intoxicated. 

Someone with a neurological impairment can easily fail the HGN test, while a person with a muscular disorder may not be able to walk heel to toe on a straight line and thus fail the WAT portion of the test. 

Another factor affecting the WAT test is an uneven or gravel road surface or that the person took the test in high heels making balancing difficult.

Fight the unfair results of a DWI Field Sobriety Test Now

Trichter & LeGrand is one of the most experienced DWI attorneys in Houston

Contact us as soon as you can if you are facing a DUI charge. 

Our expertise in this field is your best guarantee of fair representation and a just hearing. 

As a noted Houston criminal law firm practicing DUI cases, we can help you fight an unfounded or erroneous DWI charge by challenging the results of your FST.

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

MENU