San Antonio Field Sobriety Test Attorneys
Challenging the Validity of Field Sobriety Tests
DWI arrests are often based on field sobriety tests. Police officers who suspect impaired drivers often use these tests to determine probable cause of intoxication and to establish the grounds for an arrest. The officer administering the test will usually provide testimony regarding the testing that can additionally be used in court to assist the prosecutor’s contention that the driver was driving while impaired.
If you have taken a field sobriety test that ended in a “failure” to pass, it does not provide solid evidence that can or should lead to a conviction. At Smith & Vinson Law Firm, we deal with these tests on a regular basis. We do not take them at face value. Our San Antonio DWI lawyers can and will exhaustively investigate and assess your particular case to get to the truth. After doing so, we can determine how best to defend you in court by challenging such tests and other evidence that may be used against you. Throughout the duration of your DWI case, we will fight relentlessly for your constitutional rights.
Call Smith & Vinson Law Firm for a free case evaluation at (210) 960-9557 today.
What Are Field Sobriety Tests?
San Antonio law enforcement generally use three standardized field sobriety tests when pulling drivers over for suspected DWI. These tests seek to uncover both physical and mental impairment caused by drugs or alcohol.
These tests include:
- Walking and turning
- Standing on one leg
- Horizontal gaze nystagmus (checking for involuntary eye jerking when looking to the side)
How We Challenge Field Sobriety Tests
These tests examine one’s coordination, balance, and ability to follow directions. Standards have been set on which police officers determine results. These tests are not always reliable, however, and they can be further skewed by improper administration. That is why our San Antonio DWI attorneys believe that it is vital to challenge their results whenever possible.
We may challenge field sobriety tests by questioning:
- How the testing area was lit
- Whether the ground was flat, pitted, or otherwise uneven
- What type of shoes the driver wore
- How the instructions were relayed to the driver
- Whether or not the officer properly evaluated what he saw
- Whether or not the driver had a physical condition that would affect his ability to perform the tests
- Whether or not the officer received proper training on how to administer such tests
Throughout the whole process, I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened.- Ronald D.
Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault with Bodily Injury
Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted.
Dismissed Possession of Controlled Substance
Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.
Cases Dismissed Trafficking of a Person and Aggravated Promotion of Prostitution
Our client was accused of running a prostitution ring out of a massage parlor and trafficking an unwilling participant as part of the operation. The alleged victim had never been instructed to perform any sexual favors and accused our client after she felt she was owed extra wages.
Dismissed Assault Family Violence Domestic Violence
Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for.
Dismissed Terroristic Threat
Our client was reportedly heard making terroristic threats by some members of his seventh-grade class. Police charged him with a felony. Our client was a boy scout who was well-liked by teachers but had developed ADHD and was being bullied. The State offered our client 1 year of deferred probation.