Can You Really Fail A Sobriety Test If You’re Sober?

Field sobriety tests (FSTs) are a tool law enforcement officers use to assess whether a driver is under the influence of alcohol or drugs. While these tests can and do help hold drunk and drugged drivers accountable for their actions, they are not always as reliable as many people assume. For example, it’s entirely possible to fail a sobriety test even if you are completely sober.

If you’ve been arrested for driving under the influence in the state of Texas based on the results of an FST, understanding its potential flaws and how a Houston DWI lawyer can challenge the results is part of protecting your rights. Knowledge is power and it’s important to connect with legal guidance as soon as possible following an arrest.

Why Might a Sober Person Fail a Sobriety Test?

Standardized physical and cognitive exercises designed to detect impairment, the most common FSTs include the horizontal gaze test, the walk-and-turn test, and the one-leg stand. During the horizontal gaze nystagmus test, officers observe the driver’s eye movements to detect involuntary jerking. The other two tests involve a driver being asked to walk a straight line and balance on one leg, both are designed to assess coordination and physical stability.

While these tests aim to provide clues of impairment, they rely heavily on subjective interpretation, which can lead to false positives. Several factors unrelated to alcohol or drug use can affect a person’s performance on FSTs, including the following.

• Medical issues. Inner ear issues, neurological disorders, and injuries can affect balance and coordination.
• Being stopped by the police can be stressful, causing shakiness or difficulty concentrating.
• Physical limitations. Age, weight, and physical fitness play a role in test performance.
• Environmental factors. Uneven pavement, poor lighting, or adverse weather conditions can compromise test results.
• Officer error. Misinterpretation of results or preconceived notions can lead to unfair assessments.

Because of these weak points, even though field sobriety tests are widely used their scientific reliability can be called into question. For instance, according to one study, even the most reliable test, the horizontal gaze nystagmus test, has an accuracy rate of only about 75%.

How Can a Houston Lawyer Challenge FST Results?

It’s important to recognize that failing a sobriety test doesn’t automatically mean you are guilty. With the help of a skilled attorney, you can fight unfair charges and work toward the best possible outcome for your case. When you connect with legal support, you can look into if tests were administered according to standardized protocols, if a physical condition created test performance issues, or if there were external conditions that may have impacted the test results.

Your defense starts with understanding the flaws in the prosecution’s case and using that information to protect your future. If you or a loved one has been arrested, contact a knowledgeable Houston DWI lawyer today.

Is it time for you to hire a lawyer? The attorneys at Ayson Law Firm are available to fight for your rights. Contact us today for a confidential consultation.