DUI cases in Texas can be complex, and many factors can come into play. If you were given a field sobriety test after you were pulled over, and you’re wondering if there’s any way to challenge the results in your case, the following are options to consider.
There was no probable cause
When an officer pulls a driver over, they must have a reason, also known as probable cause, to believe the driver is intoxicated. For example, if an officer sees a driver swerving all over the road, they may have probable cause to believe the driver has been drinking. If the police officer didn’t have probable cause to pull you over, your DUI lawyer could file a motion to suppress the evidence against you.
The field sobriety tests weren’t properly administered
Police officers use three standard field sobriety tests: the Walk and Turn Test, the One Leg Stand Test and the Horizontal Gaze Nystagmus (HGN) Test. These tests must get administered in a specific way to be considered accurate. For example, the Walk and Turn Test must be done on a straight, level surface. If it’s not, the results of the test may be inaccurate.
A medical condition affected the results of the test
Certain medical conditions, such as a balance disorder, may affect the results of a field sobriety test. If you have a medical condition that might have impacted the results of your field sobriety test, you could use this as a defense in court.
The equipment wasn’t calibrated properly
The equipment used for field sobriety tests must be properly calibrated to produce accurate results. To determine whether or not this was done in your situation, your DUI lawyer will need to obtain the maintenance records for the equipment.
There are other ways to challenge a DUI, but these are some of the most common ones. Before going to court to challenge your charges, remember to first speak to a DUI/DWI defense lawyer and fully understand the process and DUI laws in Texas.