DWI & Field Sobriety Test Attorney in Austin, Texas
Field Sobriety Tests, known as FST's, are a group of psychological and physical tests administered by law enforcement to determine if a person is driving while intoxicated (DWI) or driving under the influence (DUI). When a person fails any portion of the test, then they can be arrested and charged with DWI.
What are Standardized Field Sobriety Tests?
There are three tests that are considered by law enforcement to be Standardized Field Sobriety Tests, meaning they are recommended by the U.S. Federal Government and the National Highway Traffic Safety Administration (NHTSA).
The three Standard Field Sobriety Tests are:
1) The Horizontal Gaze Nystagmus Test (HGN) - A person will be asked to follow a moving object with their eye, typically the tip of a pen. If the eyes jerk or fail to follow the object in a smooth manner, then a person likely has a BAC (blood alcohol content) of a minimum of 0.08% or higher.
2) The One Leg Stand Test - When this test is administered, a person will be required to stand with one foot about 6 inches off of the ground while counting for about thirty seconds. If a person sways, fails to follow instruction, hops, puts their foot down too early or uses their arms to balance, then officers will be suspicious that they have a BAC greater than 0.08%.
3) The Walk and Turn Test - During this test, an individual will be required to listen and follow a specific set of instructions by law enforcement which will instruct them to walk nine steps forward and then turn and walk nine steps back heel-to-toe, along a straight line. If a person loses their balance, cannot follow instructions, sways, stops or performs anything else incorrectly or without precision, then officers will suspect them of having a BAC over 0.08%.
Field Sobriety Tests & Your Legal Rights
It is very important to know your rights if you are asked to perform a field sobriety test in Austin. In the state of Texas, an individual has the legal right to refuse to perform a field sobriety tests, but in doing so they may still be arrested. However, without the results of a field sobriety test, it is often very difficult for law enforcement to pursue a conviction based upon this premise.
At the King Law Firm, we represent clients charged with DWI in Austin, Texas. An Austin DWI lawyer from our firm will conduct a very thorough investigation in an effort to gather evidence that can reduce or dismiss charges completely. There is wide speculation when it comes to field sobriety tests and the accuracy of their findings and your Austin DWI attorney will make sure to challenge these test results on your behalf. To learn and discuss more about your rights when charged with DWI or DUI, please contact the King Law Firm to speak with a knowledgeable Austin DWI lawyer.
Have you refused or submitted to a field sobriety test in Austin? Contact an attorney today!