The Voluntary Nature of Field Sobriety Tests
The Voluntary Nature of FST Tests:
These voluntary field sobriety “tests” (meaning you are in no way required to, and in most instances because of the officers lack of skill and training such tests can hurt you even though you may not be impaired as you will see below) are developed by NHTSA and implemented by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. Through the performance of these tests or evaluations, the officer subjectively determines how the motorist reacts to and performs the requested tasks.Almost EVERY knowledgeable DWI attorney will say to you, “NO. Don’t attempt ANY ‘field tests’ — EVER.” That is because many studies have concluded that the SFSTs are “designed to fail” even sober drivers. A motorist's alleged poor performance on field evaluations may provide the “probable cause” (legal justification) an officer needs to arrest a person for impaired driving and may also become part of the proof used to later convict the person at trial. Therefore, it is very important that, in defending you, your DWI defense attorney know more about these tests than the police. DWI defense attorneys usually challenge the subjective nature of the evaluations, the accuracy of the principles behind the tests, the accuracy of the administration of the tests, the credibility of the officer who “requested” the tests, and challenge all circumstances connected with the evaluations. An attorney representing you must attack the factual and legal issues that may arise regarding the officer's scoring and evaluation of the field tests.The reason that most credible scientists across America (and in other countries) are unwilling to categorize field tests — even NHTSA's tests — as being “scientific” is that too many variables are involved in roadside testing to ever eliminate pure chance and non-controlled circumstances from the equation (e.g., environmental conditions such as lighting and roadway slope). Even NHTSA admits that under optimal conditions (i.e., in an air-conditioned, well lighted room) 35% of sober, drug-free subjects get inaccurate results on the one leg stand test, 32% of sober subjects get flawed results on the walk and turn, and 23% of sober subjects are inaccurately said to be “over the legal limit” on the horizontal gaze nystagmus test.
Roadside Alcohol Screening Tests:
A preliminary breath testing device or PBT may be used by police officers in Allen, Plano, Frisco, Dallas, and most areas of DFW in determining whether or not a motorist is under the influence of alcohol. Texas has not recognized the use of these screening devices for use at trial. Like other “field tests”, these devices are used on the roadside. Often, police officers do not regularly check the devices for calibration. You should never submit to these devices and risk a potentially false positive and/or inaccurate result and almost certain arrest. Politely decline to give this voluntary sample. Please consult an experienced DWI or DUI attorney to see what other defenses can be used to eliminate of minimize your penalties.
Please consult an experienced DWI or DUI attorney to see what other defenses can be used to eliminate of minimize your charge. To learn more about Field Sobriety Tests and DWI defense contact Mr. Kyle Shaw, an experienced Plano McKinney and Allen DWI attorney at (214)726-0088.