If your case involves a one-leg stand, let your Fort Worth DWI defense lawyer know about this information. He or she may be able to challenge the outcome of this test if it will be used against you at your DWI trial.
About One-Leg Stand Tests
A Fort Worth DWI defense lawyer can explain that one-leg stand tests are often given to determine if the suspect has been drinking and driving based upon his or her ability to maintain sustained balance. This test may be given on its own or in combination with other tests.
For this test to provide any accurate data, it must be performed correctly. Some law enforcement officers ask the suspect to perform other tasks at the same time as holding a leg up, such as counting out loud or silently. Others may ask that you position your hands to your side while the test is being administered. If a law enforcement officer says that a particular individual has failed such a test, the suspect’s lawyer may raise the following challenges.
One such challenge may be that the law enforcement officer gave too many instructions that ultimately confused the suspect. The lawyer may point out the very limited time that a law enforcement officer gives for each particular instruction. He or she may ask the officer to give the same instructions to the jury as he or she gave to the suspect so that they have a better understanding of the complexity and brevity of such instructions. Another method of attacking this evidence is to show how the officer’s instructions differed from accepted standards.
If you would like more information on potential challenges to this type of test, contact a Fort Worth DWI defense attorney from the Law Office of Bryan P. Hoeller.