The Standardized Field Sobriety Tests are the primary tool police use when making a DWI arrest. The San Antonio DWI attorneys, and Austin DWI attorneys with the DWI Dude are trained in the SFST protocols, and know how to defend you against a DWI case. Contact us right now for a free, no obligation consultation.
You should never agree to take the field sobriety tests. These tests are designed to give the police probable cause to arrest you. Many people believe – for good reason – that these tests are designed to make you fail. There are several questions you should ask yourself if you are considering taking the field sobriety tests:
- Do you know what will make you “fail” the tests, and give the officer reason to arrest you?
- Did the officer tell you that you are under no legal requirement to take the tests before you asked him? Why wouldn’t he tell you about your rights prior to instructing you to take a these tests?
- Did the officer leave out information when instructing the tests? How would you know?
- How many causes are there for Nystagmus besides alcohol related? (This is what they are testing your eyes for-HGN).
- Did the officer follow the standardized protocol when he administered the SFSTs or did he compromise the validity of the results of the “tests” and make an invalid arrest? How would you know?
10 WAYS TO DISCREDIT FIELD SOBRIETY TESTS
FIELD SOBRIETY TESTS ARE NOT SCIENTIFIC – The original “studies” were performed by persons with a vested interest in getting their version of the so-called tests accepted by law enforcement agencies and the creators have continued to profit financially ever since.
THE OFFICER WAS NOT PROPERLY TRAINED TO GIVE THE TESTS AND PERFORMS THEM INCORRECTLY – The officers are usually trained in a police classroom by their friends and colleagues. The officers are required to pass a certification test in order to tell the Judge that they are “certified” to administer SFSTs. Interestingly, every officer that I have cross examined passed his certification and is an “expert”. That does not always mean that they perform the testing properly and we can attack the video performance in the courtroom, in front of the jury to discredit the evidence
THE OFFICER DID NOT USE STANDARDIZED NHTSA TESTS- As a SFST Instructor I review the performance of the arresting officer to determine whether he gave you the correct tests.
THE OFFICER DID NOT PROPERLY INSTRUCT YOU ON HOW TO PERFORM THE TESTS- Did the officer follow the Standardized Protocol while demonstrating and explaining the tests?
THE OFFICER DID NOT USE OBJECTIVE STANDARDIZED SCORING CRITERIA- Did the officer follow the Standardized protocol while judging your performance?
THE OFFICER HAD YOU PERFORM THE TESTS UNDER IMPROPER CONDITIONS -Did environmental factors inhibit or interfere with you during your performance of the tests?
YOUR AGE OR WEIGHT MAKE YOU AN IMPROPER CANDIDATE FOR TESTS- If you are 50 pounds over your recommended weight or over 65 years of age you should not be required to perform the tests. .
YOU HAVE A PHYSICAL DISABILITY THAT MAKES YOU AN IMPROPER CANDIDATE FOR THE TESTS- Are there specific reasons why you are not qualified to attempt the tests – medical, personal, injuries, physical limitations?
YOU HAVE A PSYCHOLOGICAL CONDITION THAT MAKES YOU AN IMPROPER CANDIDATE FOR THE TESTS- Phobia of tests, anxious, fear of police, fear of performance tasks, depressed, past emotional trauma, and post traumatic stress disorder should disqualify you from taking these tests. The officers will, however, not tell you this on the side of the road.
THE OFFICER LIED ABOUT YOUR PERFORMANCE ON THE TESTS- (Or he just tells a very slanted and subjective version).
If you are in need of a highly skilled and experienced San Antonio DWI attorney, or Austin DWI attorney, contact us right now for a free, no obligation consultation. We have the training and experience to challenge the officer’s administration of the field sobriety tests, and will fight vigorously for your rights. Contact us right now. If you like the content you read on this page, please share it on Facebook, Twitter, or your other social sites.