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How Reliable Are Field Sobriety Tests in a Texas DWI Case?

 Posted on June 14, 2025 in DWI

Tarrant County, TX DWI Defense AttorneyThe most common questions regarding driving while intoxicated (DWI) charges in Texas are related to field sobriety tests (FSTs). Police use them to check for signs of intoxication, but many factors can impact the reliability of FSTs. If you were charged with a DWI and failed the field sobriety testing, an experienced Dallas DWI defense attorney can help. These highly nuanced cases require a thorough assessment to understand the best way to challenge the FST findings and the charges against you.

What Factors Can Impact the Accuracy of a Field Sobriety Test?

Not enough concern is given to the inherent difficulty of administering FSTs properly in real-life situations. Several factors can affect the accuracy of field sobriety testing, including the following:

  • Susceptibility to surrounding conditions: FSTs are performed at different locations and in varying environments, including every type of weather. Everything from uneven ground and cold legs to visual obstacles and the fear of being hit by a vehicle can impact how a person performs.

  • Medications and health: Many physical impairments or limitations can impact how a person does on FSTs. For example, inner ear issues and eye problems can cause someone to fail while sober. Advanced age can affect mobility and balance, and medications can affect body movements.

  • Poor test administration: Providing unclear instructions, administering the test incorrectly, or poorly demonstrating how to do a test can cause the driver to fail. For example, if an officer holds the object too close or too far from the person’s eyes during the horizontal gaze nystagmus test, it can negatively impact the results.

  • Situational stress: Regardless of the conditions, a traffic stop is stressful and frightening for most drivers. Taking FSTs while fighting anxiety and experiencing a rush of adrenaline can make it difficult to concentrate or control the body, leading to inaccurate test results.

Today, FSTs are recorded on dash and body cams. Your attorney can use that footage, as well as other details of the case, to find the most appropriate way to challenge the validity of these tests. If there is any evidence that the police had no probable cause to pull you over in the first place, the tests may not even be admissible, according to Article 38.23 of the Texas Code of Criminal Procedure.

What Happens if I Fail a Field Sobriety Test in Texas?

If you fail any FSTs, the officer will probably ask you to take a chemical test, typically a breathalyzer test, or immediately place you under arrest. Under Texas's implied consent law, you must submit to chemical testing or risk significant consequences. Even if you failed the FSTs and the chemical test, you still have the right to fight the allegations in court, and a knowledgeable attorney can help.

Contact a Tarrant County, TX DWI Defense Attorney Today

If you were recently arrested for DWI, speaking with an experienced Dallas, TX DWI defense lawyer at the Law Office of Michelle Poblenz is the first step in building your case to fight the charge. Failing field sobriety testing is not an automatic conviction. You still have a chance to challenge the validity of the officer’s assessment, and having an aggressive legal representative on your side will be invaluable to your case. Call 469-845-3031 today to schedule a meeting. We will discuss the details of your case and the legal defenses available to you.

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