Challenging a Texas Field Sobriety Test

The Texas DWI Attorneys at Bailey & Galyen

If you were pulled over for drinking and driving, chances are you were asked to submit to a field sobriety test. The police officer may have put you through any one of a number of exercises ostensibly designed to gauge your manual dexterity and establish probable cause to either arrest you for DWI or ask you to submit to a breath or blood alcohol test. You can challenge the conclusions drawn from the test. But you want an experienced lawyer who has successfully helped others in similar circumstances to protect your rights.

At the offices of Bailey & Galyen, our lawyers provide aggressive counsel regarding all matters related to a DWI charge, including the validity of a field sobriety test. We offer extensive experience, knowledge and skill, combining tenacious advocacy with thorough investigation and preparation. We know that an arrest or charge involving drunk driving can be a source of great anxiety and stress. We work hard to calm your fears, stressing communication and responsiveness in all our dealings with you. We will keep you updated on any developments in your case and will always explain your options so that you can make informed decisions.

To schedule a free initial consultation, contact our office by email or call us at one of the numbers listed below.

Our skilled Attorneys protect the rights of clients in Dallas – Fort Worth, Bedford, Arlington, Grand Prairie, Carrollton, Weatherford, Mesquite, and Plano, TX.

Contesting the Results of a Field Sobriety Test

Though law enforcement officers have used field sobriety tests as a basis for establishing probable cause to charge a person with DWI for years, objective studies have shown that the tests are highly subjective and that other factors, such as fatigue, fitness or weight issues, can be misinterpreted as alcohol-related. You don’t have to simply accept the arbitrary determination of a police officer. Let us help you challenge an inappropriate field sobriety test.

A field sobriety test can take many forms, including:

  • Horizontal Gaze Nystagmus (HGN) test
  • Walk and Turn test, where a person is asked to take nine steps back and forth down a straight line walking heel to toe.
  • One Leg Stand test, you are asked to stand with one leg six inches off the ground for approximately thirty seconds with your hands to your side.

You can also be subjected to the horizontal gaze test, where the police officer asks you to follow the beam of a pen light with your eyes. If your eyes twitch at an angle of less than 45 degrees, the officer may make a subjective determination that you are under the influence of alcohol.

Challenging The Validity of a Field Sobriety Test

We will assert all reasonable challenges to the validity of a field sobriety test. We know from experience that the credibility of these exercises can be compromised by environmental conditions, such as wind, rain or available light. The surface of the roadway can also have an impact on your performance.

Contact Us

The results of a field sobriety test can always be challenged! Let our experienced DWI attorneys protect your constitutional rights. Contact us or call us anytime, 24 hours a day, seven days a week, to set up an appointment. Your first meeting is without cost or obligation. Se habla Español.

Skilled DWI Defense Attorneys Protecting Your Constitutional Rights

Bailey & Galyen
1901 Airport Freeway,
Bedford, TX 76021

With offices located in:

Arlington: 817.276.6000, Toll-Free: 877.345.6767 | Bedford: 817.868.5500
Dallas: 214.252.9099 | Ft. Worth: 817.263.3000
Ft. Worth (Main St.): 817-752-3310
Grand Prairie: 972.642.7900, Toll-Free: 866.380.3369
Mesquite (by appointment only): 972.682.7868 | Weatherford: 817.594.5428

We now offer a solution for individuals struggling to afford necessary legal services. Learn about the Bailey & Galyen Legal Card.

Our DWI attorneys protect the rights of clients across Texas, including in Dallas – Fort Worth, Bedford, Arlington, Grand Prairie, Carrollton, Weatherford, Mesquite, and Plano, TX.

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