It is our opinion that unfair field sobriety tests, which can be used as a test of sobriety in the state of Texas, are unjust to the citizens who are asked to participate in them. The pressure to maintain arrest rates leads many officers to have tunnel vision when it comes to roadside exercises—and their subjective opinion can have a devastating effect on your life.
Unfair in Nature
Everything about these tests is unfair. You are asked to do a physical test, regardless of ability, and you are given no chance to practice the test and you are not informed of how the test will be graded. In the opinion of our Houston DWI lawyers, that in and of itself should be enough to have these tests removed from the standard roadside sobriety exam, but they doggedly persist within the system.
Unfair Field Sobriety Tests: Body Condition Can Change How You Perform
The fact that your body condition can innocently alter your ability to perform is one of the most unjust aspects of the roadside exercises Texas citizens are asked to participate in.
Your age, your weight, your gender, pre-existing injuries or other body conditions can cause your results to differ from what the officer is expecting—which means you can fail their test even if you are completely innocent of DWI. Our Houston criminal lawyers note that officers are not trained to understand how a person’s physical condition can affect their results.
It’s Their Opinion
Thanks to this lack of training, there is no consistency in how different officers will judge the same unfair field sobriety tests. Their verdict is entirely their opinion of how you performed, and the pressure to arrest often means that an officer will ignore the innocent reasons behind your performance and focus on the more sinister option.
Because roadside exercises are so subjective in nature, your Houston criminal defense attorneys encourage you to refuse the invitation to perform any standardized field sobriety tests. Remember, implied consent does NOT require you to participate in these tests.