Field Sobriety Tests in Montgomery County, TX

What You Should Do After Failing a Field Sobriety Test

Field sobriety tests are an integral part of a DWI arrest. In fact, a driver's performance on these tests is usually the determination the police officer will use in deciding whether to make an arrest and then conduct a breath or blood test. Montgomery County DWI Attorney Doug Atkinson is familiar with handling cases involving failed or refused field sobriety tests.

By using his knowledge and experience regarding appropriate and effective DWI defenses, Mr. Atkinson can develop a plan of representation that has the best opportunity of meeting with success. Since 1998, Doug Atkinson has been helping drivers just like you who have been arrested for driving while intoxicated in and around Montgomery County, Texas.

Are field sobriety tests always accurate?

Any field sobriety test has the potential of being administered incorrectly or of being failed falsely because of a driver's physical condition. The tests we will focus on are the standardized field sobriety tests, which consist of the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand. Although deemed more accurate than other tests, these standardized field sobriety tests are not nearly 100% accurate in determining intoxication.

Horizontal Gaze Nystagmus

The Horizontal Gaze Nystagmus, or HGN, is conducted by having the driver follow an object or light with his/her eyes. The officer is looking for an involuntary jerking of the eye, from side to side, which is supposed to indicate intoxication. Montgomery County DWI defense lawyer Doug Atkinson can employ a number of defense strategies in regard to a Nystagmus test. For example, the test must be performed accurately, with the object a certain distance from the subject's eyes and moving at a certain speed. Inaccuracy in this regard may lead to a false positive.

One Leg Stand & Walk and Turn

Both the One Leg Stand and Walk and Turn are more physical tests which test the subject's coordination, balance and ability to follow instructions. However, the main fault with these tests lie in the fact that an individual who is overweight, injured, has poor balance, is elderly or who may even be wearing high heel shoes may perform poorly on these field sobriety tests not due to intoxication at all.

Attorney Atkinson can review your medical history and all circumstances surrounding your One Leg Stand or Walk and Turn test to determine how to best contest these results and prove that his client was not intoxicated.

Did you fail or refuse a field sobriety test? Contact our Montgomery DWI attorney today!