Texas law enforcement officials administer field sobriety tests when they suspect that an individual may be driving under the influence (DUI) or driving while intoxicated (DWI), depending on the age of the driver. The purpose of a field sobriety test is to evaluate and test the individual’s sensory abilities, balance, coordination and cognitive ability. During a field sobriety test, the police officer will do the following:
- Ask that the driver stand and balance on one leg;
- Ask that the driver walk in a straight line, turning around and walking back;
- Ask that the driver move his or her eyes back and forth, following the police officer’s pen or small flashlight;
- Ask that the driver touch his or her finger to the nose; and
- Ask that the driver recite the alphabet (sometimes from z to a, but other times only a small segment of the alphabet, such as from b to q).
Depending on the results of the field sobriety test, a driver may be asked to submit to a breathalyzer test and/or may be immediately arrested if there are clear signs that the driver is intoxicated. Such signs include, but are not limited to, slurred speech, the inability to balance or walk, and bloodshot eyes. However, field sobriety tests do not always demonstrate accurate results. It may be that a particular individual is clumsy and has trouble balancing on one foot or walking in a straight line. Walking without the ability to evenly put weight on both feet can be difficult for many individuals, especially those with physical disabilities. Further, reciting the alphabet from z to a is quite challenging for most people, regardless of whether they are intoxicated or not.
The subjective nature of field sobriety tests calls into question a police officer’s judgment and use of discretion and whether or not there were valid grounds to believe the driver was under the influence of alcohol. Because field sobriety tests raise constitutional issues, you should be aware of what to expect and know that you can refuse to submit to the test. But, if you refuse to submit to a field sobriety test, you will likely be arrested and a further investigation will be conducted to determine if there are grounds to charge you with a DUI or DWI. Most officers will not make it clear to you that you have the power to refuse to submit to a field sobriety test, so many individuals believe they are obligated to submit to the test. Whether or not you would choose to submit to a field sobriety test is a judgment call, and this should be discussed with an attorney so that you understand what your rights and responsibilities are the next time you are pulled over and suspected of driving under the influence of alcohol or drugs.
Contact Dallas DUI/DWI Defense Attorney Jack Pettit Today
If you or someone you know has been charged with driving under the influence (DUI) or driving while intoxicated (DWI), it is imperative that you seek the advice of a qualified Dallas County DUI and DWI Defense Attorney as soon as possible. Field sobriety tests are a crucial part of any DUI or DWI case, as individuals often face constitutional violations that they are not even aware of. The sooner you speak with an attorney, the better off you will be in fighting your DUI or DWI charge. Dallas County DUI Defense Attorney Jack Pettit is a former prosecutor with more than three decades of experience working with the Texas criminal justice system. If you believe your constitutional rights have been violated, there may be grounds for having your DUI or DWI charge dismissed. To discuss your criminal case in detail, contact Jack Pettit today to schedule an initial consultation by calling (214) 521-4567. Our office conveniently provides bilingual legal services in both English and Spanish, and we also accept major credit cards.
