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Ayson Law Firm Aggressive Criminal Defense Representation in Houston
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Do I Have a Defense After a Failed Sobriety Test?


Failed sobriety tests typically lead to DWI arrests. And if a person refuses to take the test, prosecutors could claim the individual’s refusal is proof they were intoxicated, which is why they did not want to be tested. Sometimes, it is possible to defend against a failed test, depending on what test was administered and the circumstances.

Did you or someone you love fail a sobriety test? Talk over your options with a seasoned Houston DWI lawyer.

Standard Field Sobriety Tests and Paths to Defense

There are three tests which are often included when law enforcement is referring to the standard field sobriety tests. They are the following:

  • Horizontal Gaze Nystagmus test
  • Walk and Turn test
  • One-Leg Stand test

If you are asked to show you are able to pass the one-leg stand test, you will typically be asked to stand with your feet together and your arms at your sides. Then, the officer will ask you to raise one leg. The instructions will be to raise the leg up and maintain a forward point with your toe. You will be asked to count and the officer will watch your behavior for 30 seconds. If you display any indicators of being intoxicated, they will be recorded.

Depending on the situation, there can be issues with this test. If a person has balance issues, for example. When there is proof of this, a person putting their foot down once or twice may be shown as an issue other than intoxication.

For the walk and turn test, you need to place heel to toe and walk forward, maintaining your arms against your sides. Similar to balance issues pointed out for the one-leg stand, the officer is making assumptions about how you would perform this task under any circumstances. For example, there are individuals who cannot effectively pass the walk and turn test because of other health issues. Or maybe the pavement or walking surface itself was uneven.

Horizontal Gaze Nystagmus tests come with their own concerns as well. The test is used to see if the eye exhibits involuntary motion, which can be an indicator of alcohol or drug use.

Talk to a Lawyer About Breathalyzer Tests

There also can be issues with breathalyzer tests. Specific filters must be in place in order for the results of the test to be clear and valid. Sometimes, inaccurate results appear due to human error or mistakes in product production.

When you connect with a knowledgeable Houston DWI lawyer, they can share what options are available. There may be paths of defense you never even considered. Law enforcement can make mistakes, you need a person advocating for your rights.

Did you fail a Texas sobriety test? Our experienced legal team can defend you against criminal charges. We have the knowledge to protect you whether the alleged crime was minor or serious. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.

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