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Weatherford Attorney for Field Sobriety Test Challenges

Wise County Field Sobriety Test Attorney

DWI Lawyer Serving Parker County and the Surrounding Areas

Field sobriety tests are often flawed. A large part of the problem with them is that they are done in the field rather than in a controlled environment. Anything from weather conditions to the type of shoes you happened to be wearing when you were stopped could affect the results and cause a false positive. Field sobriety tests are also performed by imperfect people who may make procedural errors that lead to improper arrests.

Soraya Joslin, P.C. is skilled in fighting back against DWI charges by challenging the results of field sobriety tests. We carefully review not only the officer's interpretation of your roadside sobriety tests, but any other facts and circumstances that could have affected your performance. Our attorneys will raise any issues with your field sobriety tests as part of your comprehensive criminal defense.

How Our Parker County DWI Lawyers Challenge Field Sobriety Tests

Any number of issues that occur during the process of administering field sobriety tests can unfairly impact the results. If we can show that your field sobriety test was invalid in some way, we may be able to have any evidence stemming from it excluded from court. If the officer's decision to arrest you was heavily based on an invalid field sobriety test, you may have a very strong defense indeed.

Common issues and errors that can lead to false positive field sobriety tests include:

  • Environmental factors - High winds can throw you off balance, as could trying to perform tests on an uneven surface. Wet grass, mud, or snow can alter a person's gait.
  • Apparel - Wearing high heels or heavy shoes can make you appear less balanced. Tightly fitted long skirts or other restrictive clothing may make some tests much more difficult.
  • Health issues - Many people have short or long-term health issues that can affect their balance or vision. If you had an inner ear infection or experience vertigo or spells of dizziness, you may have a defense.
  • Improper testing - Police officers are fallible humans. They sometimes make mistakes in administering field sobriety tests. Giving faulty instructions, failing to allow the subject to move to more solid ground, or using an unauthorized type of test could all create doubt about the validity of the alleged results.

Types of Field Sobriety Tests We Can Challenge

In Texas, there are three main types of field sobriety tests. They are:

  • Horizontal gaze nystagmus - This test, which involves following an object with your eyes, may not be valid if you have certain vision or eye problems.
  • Walk-and-turn - Common challenges that may affect your ability to maintain your balance while walking in a straight line may be related to environmental factors, such as rain or an uneven surface.
  • One-leg stand - Standing on one leg and maintaining balance may be far more difficult in certain footwear.

If you were asked to perform any other type of test, it may not be accepted as legitimate. Additionally, the officer's subjective observations during the testing process may also come into play. For example, the officer may note the smell of alcohol, or that your speech seemed slurred, and this may lead to bias when interpreting test results.

Defending a DWI case can be complicated. Other than challenging the results of field sobriety testing, we may also be able to offer you additional defenses depending on the circumstances of your case. No two DWI cases are alike.

Whether this is your first DWI or a repeat DWI, our attorneys can build customized and powerful defenses in your favor. We will fight to achieve the most favorable outcome possible.

Contact a Parker County DWI Defense Lawyer

Soraya Joslin, P.C. is skilled in challenging the results of field sobriety tests. Our experienced Weatherford DWI lawyers will carefully assess your case to determine how we can best defend you. Contact us at 817-599-7005 for a free consultation. We serve clients throughout northern Texas in Hood, Eastland, Parker, Jack, Johnson, and Wise Counties.

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