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Irving Field Sobriety Tests Attorney

Can I Refuse a Field Sobriety Test in Irving?

When a police officer suspects that a driver may be under the influence of alcohol or drugs, they may administer a sobriety test to determine the driver's level of impairment. Several types of sobriety tests may be used, including field sobriety tests, breathalyzer tests, and blood tests. If someone fails a field sobriety test, several defense strategies may be used to challenge the test results. If you have been arrested for DWI, an experienced attorney can provide guidance on the strategies that may be available and how best they can be implemented within your case.

At the Law Office of Michelle Poblenz, our experienced criminal defense lawyer has extensive experience in DWI law and defending clients against charges related to drunk or intoxicated driving. Let us work with you to determine the most practical course of action moving forward. When you work with us, you can trust that your rights will be safeguarded throughout your case.

Field Sobriety Tests in DWI Traffic Stops

There are several types of field sobriety tests that police officers may use to see if a driver is impaired. The purpose of these tests is to gain an idea of whether a driver may have been drinking alcohol, using drugs, or consuming other substances that caused them to be intoxicated. If field sobriety tests indicate that a driver is under the influence of alcohol or drugs, this may give an officer probable cause to arrest them. There are three types of standardized field sobriety tests:

  • Walk and turn - A driver will be instructed to walk in a straight line for a certain number of steps, placing the heel of one foot directly in front of the toe of the other foot, then turn around and walk back to their original position. Stumbling, loss of balance, or failure to follow instructions may indicate intoxication.
  • One-leg stand - A driver will be required to balance on one foot for a specified amount of time (usually 30 seconds). If they lose their balance or put their foot down, this may be seen as an indication that they are intoxicated.
  • Horizontal gaze - The officer will ask the driver to follow an object with their eyes as it is moved back and forth. The officer will observe the person's eyes, and if any jerking or irregular movements occur, this may be seen as a sign of intoxication.

Common Defense Strategies for Challenging Field Sobriety Tests

  • Challenging the accuracy of the test - One common defense strategy for challenging the results of a field sobriety test is to challenge the accuracy of the test itself. For example, the defense may argue that the test was not administered properly or that the officer was not adequately trained and was unable to reliably recognize the signs of intoxication.
  • Questioning the reliability of the test - The defense may argue that the test is not a reliable indicator of intoxication and that other factors, such as fatigue, illness, medical conditions, nervousness, weather, or road conditions could have affected the driver's performance on the test.
  • Challenging the constitutionality of the test - In some cases, the defense may challenge the traffic stop constitutionally. If an officer pulled a driver over without probable cause or did not follow the proper procedures, the stop may have been illegal. In that case, the defense may argue that any evidence obtained during the traffic stop, including the field sobriety test results, should be suppressed.
  • Arguing against the admissibility of the test results - Finally, the defense may challenge the admissibility of the tests themselves. For example, if the officer did not properly inform the driver of their rights or if the test was obtained in a way that violated the driver's constitutional rights, the defense may argue that the results should not be admissible in court.

Contact a Dallas DWI Lawyer for Field Sobriety Tests

If you have been arrested and charged with a DWI based on field sobriety tests, it is important to seek legal representation to determine how you can protect yourself against the adverse consequences of a DWI conviction. At the Law Office of Michelle Poblenz, our knowledgeable DWI attorney is committed to protecting the rights and best interests of those who have been accused of intoxicated driving. Contact us at 469-845-3031 for a private consultation.

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