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
Learn more about how Smith & Vinson Law Firm can challenge your DWI case. Contact us at (210) 960-9557 today.
Our Clients Are Our Biggest Endorsers
Hear What They Have to Say
-
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.
A Proven Track Record
Check Out Our Recent Case Results
-
Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
-
Felony Rejected Pre-Indictment Aggravated Assault with a Deadly Weapon and Interference with a 911 Call
Our client’s girlfriend’s car was being repossessed. Our client had belongings in the car, including his work equipment and his firearm. Our client attempted to get his belongings out of the car before it was being towed away. The tow driver accused our client of threatening him with the gun our client was retrieving while he was on 911 with the police.
-
Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
Our client was accused of restricting his wife’s airway with a plastic bag. His wife, who had been a chronically unfaithful and emotionally abusive alcoholic, provided a video to the State to try and get our client charged with a felony.
-
Charges Dismissed Sexual Assault Investigation
Our client was a Texas State student who had a bright career ahead of him. He was accused of sexual assault by a classmate and an overzealous law enforcement officer proceeded to arrest him without a thorough investigation. Our team was able to fight for our client by putting together a defense that showed that the actions between the two were consensual and that his accuser had ulterior motives. The District Attorney's Office agreed and dismissed the case.
-
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.