Always Consult With A DWI Lawyer in Houston FirstTo get a DWI conviction, law enforcement officers heavily rely on field sobriety tests. Field sobriety tests are standard tests administered to determine whether a suspect has exceeded the legal amount of alcohol consumption. Owing to their standardized nature, they are considered reliable and as such, they are quite popular in usage.
However, despite its rampant use by law enforcement officers, field sobriety tests are more often than not administered incorrectly or at the very least administered in faulty conditions. Such conditions tend to skew the results of being pulled over for a DWI and to the benefit of the prosecutors and law enforcement officers. With this in mind, if you recently took a field sobriety test and failed, you should consider consulting with our Houston Texas DWI lawyers to help you negate the risk of a DWI conviction.
We will explore the possibility of the occurrence of any of the following elements that may alter the accuracy of the test and thereby influence the result of a field sobriety test:
Testing Done On Uneven Grounds
One component of the field sobriety test includes walking in a straight line. If you stumble and are unable to walk in a straight line, you are considered intoxicated. However, when this test is conducted on an uneven ground, even a sober individual will stumble.
Pre-Existing Health Issues
If you have a pre-existing health issue that may make it hard for you to walk in a straight line or follow an object, then the results of any field sobriety test may be unfair and not reflect the reality of the matter.
Faulty BAC Equipment
The BAC equipment used should be properly calibrated, and devoid of any faults. As such, the possibility of using faulty or improperly calibrate equipment needs to be pursued.
Poor Test Quality
While being administered a BAC test, a new mouthpiece needs to be used, clear instructions are to be given, and importantly, the officer needs to wait at least 15 minutes to administer the test (the actual blowing). If any of these steps are not followed the results tend to be skewed.
The Officer’s History Of Administering Inaccurate Tests
Finally, if the officer has a history of inaccurately administering tests, there is a high likelihood, that he or she doing the same with you.
With a risk of a DWI conviction, exploring the possibility of the test being best inaccurate is a no-brainer. We provide our clients with this exact service, giving them a chance to negate the possibility of suffering the costly and damaging consequences of a DWI conviction. We passionately and thoroughly explore any avenue of avoiding a DWI conviction, regardless of the particulars of the case.