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If you need a resource for a DWI Lawyer in Texas, look to Douglas Wilder. Here is an article he wrote on Field Sobriety Tests.
What should I do if asked to take Field Sobriety Tests?
If you know you can pass these tests at the time you are requested to perform them, taking into account all the circumstances surrounding the request, I would suggest attempting them. If you pass them, the officer should let you go on your way. The difficult decision is when you have never attempted any of these tests before, are nervous and scared about being stopped and asked to exit your car, how do you know if you can pass these tests, especially when the officer will not tell you what they are looking for? This illustrates why the need for a Texas DWI attorney or a Houston DWI lawyer is essential. Don’t face Texas DWI law without a Houston DWI lawyer. Further, the National Highway Traffic Safety Administration has admitted not everyone can successfully perform these tests even when sober!
Douglas Wilder, is an expert Houston DWI attorney. He wanted to provide some information on Field Sobriety Tests using his experience as a Texas DUI Lawyer, to demonstrate how receiving the best defense from Texas DUI attorney is essential to win your case.
If you are not sure what to do, ask "Officer, I would like to contact a lawyer before deciding whether or not to take the tests." They most likely will not give you the opportunity. At this point, you have not refused to perform them. There is a huge difference between refusing to perform the tests, and asking to talk to a lawyer before deciding what to do. Just makes sure you have a Dallas DWI Lawyer lined up and ready to call if facing a Texas DWI. Prosecutors like to argue the only reason you refused to do the tests is because you knew you could not perform them because you were intoxicated versus my argument that you exercised a logical, normal use of your mental faculties in wanting legal advice from DWI attorneys in Dallas. Which sounds better to you?
Another approach to take would be as follows. Ask "Officer, am I required to perform these field sobriety tests?" The honest answer is "No". Any other answer could leave a jury with the impression the officer is deceptive. You may then want to ask "Officer, are these tests 100% accurate?" The honest answer is "NO". The initial research conducted by the National Highway Traffic Safety Administration concluded the Pen Test (Horizontal Gaze Nystagmus) is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any deviation from the standardized manner will compromise the tests validity. Therefore, with the most experienced officer under ideal conditions, these tests will inaccurately label 23% - 35% of the people tested as intoxicated. And remember, these were the best Texas DWI officers under strict surveillance, and that is the best they could do! This is why you need a Dallas, Texas lawyers in DWI to beat a DWI if it’s unfair. At this point, ask "Officer, I would like to contact Texas DWI lawyers before deciding whether to take the tests or not." They will not give you this opportunity. You would be justified in politely informing the officer that you are not refusing to do these tests, but want the opportunity to speak with a DWI lawyer in Texas before making that decision.
You may also want to ask "Officer, is there anything that can affect the tests other than alcohol?" Outside of just being uncoordinated, nervous or scared, you may fall into one of the recognized groups of people who cannot perform field sobriety tests even when sober. A Texas DWI attorney or a Houston DWI lawyer can give you more advice.
Get more information like this from a Houston DWI Attorney or a Texas DUI lawyer:
Additionally, you may want to ask "Officer, are going to video tape me when I perform the field sobriety tests?" Your performance on tape will be evaluated by a group of your peers during a jury trial at a later time.
Texas DWI Law is complex. Please get the best advice from a Texas DUI Attorney.
Therefore, you may want to decline performing these tests if they are not going to be videotaped. Do you want to trust the officer's opinion as to how you performed or allow a jury to decide for themselves? Further, if the officer is not going to video tape you, you may want to elect not to perform the tests until you are on video tape because distractions such as police strobe lights, traffic, headlights, wind, dust, improper lighting, or improper police evaluation most likely will not be included in the police report. Without visual proof, do you think an officer would admit he made a mistake?
The Texas DWI penalties are too much too severe. Contact a Dallas DWI lawyer, the best DWI attorneys in Dallas, the best Dallas, Texas Lawyers in DWI, any Texas DWI lawyers, a Texas DWI attorney or a Houston DWI lawyer.
The reality is that the officer most likely has already made up his mind to arrest you and the request for field sobriety tests is simply made to get additional evidence against you. Remember, regardless of how well you actually perform the field sobriety tests, it is the officers' opinion on how you performed them that will be held against you.
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