Field Sobriety Test Cases in San Antonio

Understanding Your Rights Regarding Field Sobriety Tests

When a police officer pulls you over due to a suspicion that you are driving while intoxicated, you may be in for more trouble than you can imagine. Under the law, the officer may have the right to stop you. The officer can then administer various field sobriety tests in an effort to determine if and how much you have been drinking. You do not have to participate in these tests. You have every right to refuse these field sobriety tests.

Based on these tests and or the officer’s observations, you can be arrested for DWI or DUI. If this has happened to you, contact an experienced San Antonio DWI defense lawyer. The Law Office of Kerrisa Chelkowski is very familiar and experienced with defending DWI and DUI charges, and challenging the results of field sobriety tests. Without a skilled DWI or DUI defense, your chances of being found guilty may be greatly increased.

Did you fail a field sobriety test in San Antonio?

Field sobriety tests involve several different methods by which officer can check to see if you are too intoxicated to drive.

They include:

  • One Legged Stand – They make you stand on one leg and count to test for balance.
  • Horizontal Gaze Nystagmus – It is an eye test where you are required to follow a point with your eyes. It tests for nystagmus caused by alcohol.
  • Walk & Turn – They have you walk in a straight line, turn and walk back. It is a test for balance and coordination.

To be valid, these tests must be administered correctly. Any deviation from exact protocols can be reason to challenge the results. You may have a medical condition that impacts your ability to perform the tests, or the officer may have failed to ensure that the tests were conducted correctly. As the purpose of the tests is to gain probable cause to arrest you, it may interest you to know that you are not legally required to submit to field sobriety tests, although you must submit to chemical testing (breath or blood test). The fact that you are a licensed driver in Texas, you gave your consent for such a circumstance when you obtained your driver’s license.

It should also be noted that a person who is not under the influence of alcohol could easily fail these field sobriety tests. Poor lighting, uneven pavement, medical conditions, inappropriate shoes for the terrain, and many others factors can cause a person to stumble, waver, or otherwise appear unbalanced or not in control of their bodies.

Protect Yourself from Unjust Penalties

The consequences of being convicted of DWI can include jail time, community service, increased insurance premiums, alcohol and drug intervention programs, fines, ignition interlock device, and license suspension or revocation. I am proud to say I’ve had numerous successes in defending my clients charged with DWI or DUI after failing field sobriety tests. As a former prosecutor and current magistrate judge, I fully understand how the system works and how to help my clients fight back.

Just because you have been charged certainly does not mean you will be convicted – if your case is carefully defended. Whether it’s a first-time DWI/DUI or a subsequent charge, you should contact my DWI defense firm immediately if you have been arrested. DWI cases are time sensitive and require immediate attention to protect your rights. I am dedicated to doing everything possible to have your charges reduced or dismissed.