Do Not Help Police Build a Case Against You in a DWI Arrest
If you are stopped by the police on the suspicion of a DWI or DUI in Texas, the officer may ask you to perform certain tests, known as field sobriety tests, under the guise of proving that you are not intoxicated. It is important, however, to know two things about field sobriety tests that police officers may not tell you:
- All field sobriety tests are voluntary
- These tests are designed to give police officers probable cause to make an arrest
Taking these tests is rarely a decision that will benefit someone suspected of a DWI and are often used by an officer to strengthen the case after they have already decided to make an arrest.
As a former DWI prosecuting attorney in Galveston County, I, Bret Griffin, am familiar with the reasons why police officers use field sobriety tests and how these tests are supposed to be administered during drunk driving stops. If these tests were misused by officers to gather evidence, it may be possible to prevent this evidence from being used against you at trial.
Understand Field Sobriety Tests and Their Flaws
Field sobriety tests are designed and initially tested in lab settings where individuals - both sober and inebriated - are put through the tests in order to determine their efficacy. The standard field sobriety tests may include:
- Walk and turn
- One leg stand
- Horizontal Gaze Nystagmus (HGN)
These tests have flaws that may not be present in lab settings but certainly impact the results that are achieved during real DWI stops. Sober people who have had nothing to drink can easily fail these tests and be arrested based on faulty evidence.
Most people stopped by police are nervous and may not be thinking clearly. If the tests are administered at night, on a sloped or dangerous roadway, or if the suspect has a history of balance or arthritis problems, these tests can become very difficult, leading to false positives for police officers.
Contact Attorney Bret Griffin for More Information
As your lawyer, I will look at how these tests were given and how an arrest could have been made based on false results from field sobriety tests. By talking with a DWI defense attorney, you can protect your rights and obtain the best possible result during your criminal proceeding. Contact my Houston office toll free at 888-889-0926 to schedule a free initial consultation.
