Field Tests & Breath Tests for DWI in Texas

Our Dallas DWI Attorneys Can Help You Understand Your Options

Field sobriety tests are designed to give police probable cause to make an arrest. Many people cannot pass a field sobriety test even when sober. Breath tests or blood tests give arresting officers hard evidence of guilt or innocence. The primary difference is that while a suspect can refuse a field sobriety test with no penalty, refusing a breath test will result in an automatic administrative license revocation.

Helping Clients Make Informed Decisions

At Fitzpatrick Jacks Smith & Uhl, our Dallas DWI lawyers are committed to helping people make informed decisions with regard to their DWI. The police have extensive training in how to spot drunk drivers and how to administer field sobriety tests. Most people have seen a video of police administering the three segments of the field sobriety test: the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand. What most people do not know is that the police expect DWI suspects to perform perfectly and an imperfect performance will usually result in an arrest. While there is no legal penalty for refusing the field sobriety tests, a refusal will usually result in an arrest.

Field sobriety tests must be administered in a proper manner. Deviations from the prescribed method can result in evidence being found inadmissible during a criminal trial or civil hearing. In addition to the three standardized tests, police may administer tests involving recitation of the alphabet backward, counting backward, or the "Rhomberg" balance tests.

Breath & Blood Tests

Most police cruisers do not have portable breathalyzers, so officers who suspect someone of driving under the influence must place them under arrest and transport them to the police station for a breath test or a blood test. The Texas Implied Consent law compels drivers to submit to a blood or breath test or face driver's license suspension. A wide range of circumstances can affect both tests. Some things that can influence the tests are the consumption of large amounts of alcohol immediately prior to driving, the calibration of the breathalyzer, and the reliability of the lab where the blood sample is tested.

Our Dallas DWI lawyers work hard to help our clients make informed decisions through any DWI proceeding. Our attorneys have the skill, experience, and knowledge to effectively represent our clients’ interests.