Our Fort Worth DWI attorney will review the field sobriety tests in order to make sure that they were conducted properly. In some cases, a lack of officer training, malfunctioning equipment or other complications could invalidate the tests, which means they will not be admitted in court. Since the FSTs often form the foundation for your entire case, discrediting their validity can be a key aspect of your defense.
Horizontal Gaze Nystagmus Test
For example, if the officer gave you the horizontal gaze nystagmus test, you might have performed poorly due to naturally occurring nystagmus that upset the test results. Our DWI lawyer can test you in his office to assess your baseline results and compare them with the FST. In other scenarios, the arresting officer might not have known how to properly give you the test. If we determine that there were problems with how the test was administered, we will submit a request to deny admission of the test results in court.
Coordination Tests
Similarly, when you take a coordination test, outside factors can affect how well you do. If you struggle with balance and coordination even if you are not impaired, then the test might not be valid. In other cases, the officer might have conducted the test on a dark highway with little light on slippery gravel and an uneven surface. Any of these factors might cause you to do poorly on the test, so your lawyer will review the relevant conditions.
Performing Field Sobriety Tests in Court
In some cases, you and your lawyer might agree that you should perform the FSTs in court. You can clearly show that you struggle with the tests under the best of conditions and that your inability to do well on them was not related to intoxication.
Call Our Fort Worth DWI Attorney at (877) 208-3382
For further information about the validity of FSTs, contact our Fort Worth DWI attorney at the Law Office of Bryan P. Hoeller.