DWI and DUI Defense Lawyers in Brownsville, Texas

Why Hire Ried Pecina Trial Lawyers?

With so much at stake, the right DWI attorney in Brownsville may be difficult to find. Here’s why clients in Brownsville trust Ried Pecina Trial Lawyers with their DWI and DUI defense:

• Experienced DWI & DUI Lawyers: Our team has years of experience handling DWI and DUI cases in Brownsville. We know the intricacies of Texas DUI law and have successfully defended clients in a wide range of cases.
• Attention To Detail: We know that every case is unique. If you need the best DWI lawyer near me, look no further. We take the time to understand your specific circumstances and develop a defense strategy specific to your needs.
• Affordable Legal Services: The cost of defending yourself against a DWI/DUI charge oftentimes is intimidating. At Ried Pecina Trial Lawyers, we offer competitive pricing and flexible payment plans to make sure you get the best legal help without the financial stress. We provide affordable representation, transparent information, and flexible payment plans.
• Trial Ready: We have a history of successfully defending clients against DUI & DWI charges. Our reputation as good DWI lawyers speaks for itself, and we are proud to be known as a top choice for clients who search for an aggressive DWI defense attorney in Brownsville, TX.

Standard Field Sobriety Tests (SFSTs) in Texas: What You Need to Know

If you’ve been pulled over by law enforcement in Texas for suspected DWI (Driving While Intoxicated) or DUI (Driving Under the Influence), the officer will frequently ask you to perform a series of roadside tests known as Standard Field Sobriety Tests (SFSTs). These tests are designed to help officers assess whether a driver is impaired by alcohol or drugs. However, SFSTs are not foolproof, and their results can be influenced by a variety of factors unrelated to impairment, such as medical conditions, fatigue, anxiety, and other errors.

If you’ve been arrested after SFST tests, you should hire an experienced DWI lawyer who can evaluate whether the tests were administered properly and whether the results can be challenged in court. Oftentimes, law enforcement makes errors that you can use in your case.

Here’s a breakdown of the most common Standard Field Sobriety Tests used by law enforcement officers in Texas.

1. Horizontal Gaze Nystagmus (HGN) Test

The Horizontal Gaze Nystagmus (HGN) test is the first test typically administered during a roadside stop. It involves the officer asking the driver to follow a small object (often a pen or other stimulus) with their eyes while keeping their head still. The officer looks for nystagmus, which is an involuntary jerking or twitching of the eyes that occurs when a person is intoxicated or under the influence of alcohol or drugs.

How It Works:

• The officer will move the object horizontally from side to side.
• The driver is asked to follow the object with their eyes without moving their head.
• The officer looks for two key signs:
  1. Lack of smooth pursuit: If the eyes jerk as they follow the object.
  2. Distinct and sustained nystagmus at maximum deviation: If the eyes jerk when looking to the far left or right.
  3. Onset of nystagmus prior to 45 degrees: If the eye jerks before it reaches a 45-degree angle.

Why It Can Be Challenged:

• Medical Conditions: Some people naturally experience nystagmus due to medical conditions, such as neurological disorders or inner ear problems.
• Fatigue or Stress: Fatigue or anxiety can sometimes cause the eyes to react in ways that mimic intoxication.
• Officer Training and Technique: The test requires specific techniques that must be properly followed, and failure to do so can compromise the accuracy of the results.

2. Walk-and-Turn Test

The walk-and-turn test is a divided attention test that asks the driver to walk a straight line, turn, and then walk back in a specific manner. It is designed to test balance, coordination, and the driver’s ability to follow instructions. 

How It Works:

• The driver is instructed to stand heel-to-toe in a straight line with their arms at their sides.
• The officer will then give the driver instructions to take nine steps forward, turn on one foot, and return with nine steps in the opposite direction, staying in a straight line and keeping their arms at their sides.
• The officer will observe for signs of impairment, such as:
  • Inability to keep balance while listening to instructions or while performing the test.
  • Not following the heel-to-toe pattern during walking.
  • Starting the test too early or stopping before completing the steps.
  • Falling or swaying during the test.

Why It Can Be Challenged:

• Physical Disabilities or Injuries: Conditions such as back pain, leg injuries, or even simply wearing improper footwear can affect the ability to perform the test accurately.
• Nervousness or Anxiety: The roadside environment can be intimidating, and nerves may impact a person’s performance, leading to difficulty balancing or following instructions.
• Road Conditions: Uneven or unstable ground, such as gravel or sloped surfaces, can make it harder to complete the test as instructed.

3. One-Leg Stand Test

The one-leg stand test is another divided attention test designed to assess balance and coordination. In this test, the officer asks the driver to stand on one leg while keeping the other leg elevated six inches off the ground, holding the position for approximately 30 seconds.

How It Works:

• The driver is instructed to raise one leg (usually the dominant leg) six inches off the ground while keeping their arms at their sides.
• The officer looks for signs of impairment, including:
  • Swaying or hopping to maintain balance.
  • Putting the foot down or losing balance within the 30-second window.
  • Using arms for balance (e.g., raising arms or flailing).

Why It Can Be Challenged:

• Medical Conditions or Injuries: People with certain medical conditions such as knee or hip problems, or those who have difficulty standing for long periods of time, may have difficulty performing this test.
• Footwear: High heels or heavy boots may make it difficult to maintain the necessary posture or balance.
• Fatigue or Anxiety: Stress and tiredness can impact a person’s ability to maintain balance.

4. Finger-to-Nose Test (Not Commonly Used in Texas)

In some cases, officers may request that the driver perform a finger-to-nose test, although this is not as commonly used in Texas. This test requires the driver to close their eyes and touch their nose with the tip of their finger.

How It Works:

• The driver is asked to close their eyes and extend one arm out.
• The officer will then ask the driver to touch the tip of their nose with their finger.
• The officer will observe for signs of impairment, such as difficulty coordinating the movement or an inability to touch the nose.

Why It Can Be Challenged:

• Coordination Problems: Even without impairment, people with poor hand-eye coordination or neurological conditions may struggle with this test.
• Anxiety or Discomfort: As with the other tests, nervousness can lead to poor performance.

How Standard Field Sobriety Test Results Are Used in DWI Cases

While SFSTs are considered by law enforcement to be an indicator of impairment, the results are not always definitive. If a driver performs poorly on any of these tests, the officer may have probable cause to arrest the individual for DWI or DUI. However, SFSTs are not conclusive proof of intoxication, and the results may be challenged in court by an experienced DWI/DUI defense lawyer.

For instance, a DWI lawyer can argue that:

• The officer did not administer the test correctly.
• The environmental conditions (e.g., uneven ground, weather) impacted the test.
• The driver’s physical condition or medical issues contributed to the poor performance.
• The officer failed to follow proper procedure or did not have a reasonable basis for administering the tests.

Can You Refuse a Standard Field Sobriety Test?

Yes. In Texas, you are not required by law to take Standard Field Sobriety Tests (SFSTs). If you’re arrested, you may still be required to take a breath or blood test, which is usually obtained after the officer obtains a warrant.

If you’ve been arrested after failing a Standard Field Sobriety Test, work with a DWI defense attorney who can evaluate the circumstances of your arrest and challenge the validity of the SFST results. DWI lawyers at Ried Pecina Trial Lawyers have the knowledge and experience to scrutinize every aspect of your case, including the SFSTs, and build a defense strategy that protects your rights. Whether you’re facing your first DWI charge or a more complex case, don’t hesitate to contact us for a free consultation to discuss your case in detail.