Criminal defense across Denton County and Collin County
Field Sobriety Tests
There are approximately a dozen exercises used by law enforcement as field sobriety tests. The most common include the modified position of attention test, touching finger-to-nose, reciting the alphabet, rapidly touching four fingers to the thumb, and the rapidly alternating hand pat.
Contrary to popular belief, these tests are not legally required; you may decline to take them. If you do take them, our experienced Denton County DWI lawyers can work to demonstrate for a jury that these field sobriety tests are designed for failure.
The federal government's National Highway Traffic Safety Administration has funded research which found that only three tests are effective in detecting intoxication:
According to these studies, all other field sobriety tests are unreliable and should not be used. Since the federal findings and recommendations, law enforcement agencies across the country have been adopting the battery of three so-called "standardized field sobriety tests."
Most law enforcement agencies in Texas, however, have resisted the change. This permits them to continue to use the tests they prefer, avoid being held up to federal standards in administration of the three tests, and avoid the use of "objective scoring" (using a scoring system rather than just the officer's subjective opinion).
Why clients call Tim Powers Law
- Free initial consultation
- Former prosecutor and former judge insight
- Aggressive defense in Denton and Collin County
- Call 940-483-8000
Defend against false results! Call our Denton County DWI Attorneys
There are approximately a dozen exercises used by law enforcement as field sobriety tests. The most common include the modified position of attention test, touching finger-to-nose, reciting the alphabet, rapidly touching four fingers to the thumb, and the rapidly alternating hand pat.
Contrary to popular belief, these tests are not legally required; you may decline to take them. If you do take them, our experienced Denton County DWI lawyers can work to demonstrate for a jury that these field sobriety tests are designed for failure.
The federal government's National Highway Traffic Safety Administration has funded research which found that only three tests are effective in detecting intoxication:
According to these studies, all other field sobriety tests are unreliable and should not be used. Since the federal findings and recommendations, law enforcement agencies across the country have been adopting the battery of three so-called "standardized field sobriety tests."
Most law enforcement agencies in Texas, however, have resisted the change. This permits them to continue to use the tests they prefer, avoid being held up to federal standards in administration of the three tests, and avoid the use of "objective scoring" (using a scoring system rather than just the officer's subjective opinion).
Begin Your Defense Today: Contact the Law Offices of Tim Powers
Many Texas law enforcement agencies, including the Texas Department of Public Safety, are increasingly using small, handheld breath testers such as a Preliminary Alcohol Screening (commonly referred to as PAS) or Portable Breath Test (commonly referred to as a PBT) devices.
A more recent permutation of the PAS device is the so-called EPAS, or Evidential Portable Alcohol System, which is basically a more sophisticated version of the PAS and intended to overcome legal objections to admissibility in evidence. These relatively primitive devices were designed as a field sobriety test to assist the officer in deciding whether there is probable cause to arrest and take the suspect to the station for more sophisticated breath or blood testing. Unfortunately, however, many judges in Texas are permitting prosecutors to use the PAS results as evidence of blood alcohol concentration at trial (for purposes of probable cause) – and in some cases, as the only blood alcohol evidence. It should be realized that, as with field sobriety tests, submitting to a field PBT test is not legally required.
Our firm understands the defenses that can help you challenge field sobriety tests and their validity. We work on your behalf to help remove any false findings from evidence, allowing for as fair a trial as possible. When you schedule your free case evaluation with our firm, you can be confident that we will answer all of your questions and concerns so you can move forward in your case.
Call the Law Offices of Tim Powers today at 940-483-8000 .
Meet Our Team Learn about our attorneys and their outstanding credentials. About Us
Testimonials Hear from individuals who've actually worked with us. Read Our Reviews
Case Results We've successfully defended over 40,000 cases. Read Our Victories
Videos Watch our videos to learn more about your charge. Watch Our Videos
Trust Us with Your Case... Trust Us with Your Future
We Provide Free, In-Person, No-Obligation Case Evaluations
Handled thousands Criminal Cases in Denton and Collin County Since 1996
We Truly Care About Our Clients & Their Cases
Excellent Results Based on the Facts
Lead Attorney Tim Powers Is a Regular Legal Commentator on Various Media Outlets
Walk-and-turn One-leg-stand Nystagmus According to these studies, all other field sobriety tests are unreliable and should not be used.
DWI Will I Lose My License?
FAQ License Suspensions Field Sobriety Tests Avoiding a DWI DWI Traffic Stops Felony DWI Probable Cause to Arrest Multiple DWI Offenses Occupational License DWI Defenses Denton Courts and Cops Boating Intoxicated – BWI DWI Search and Seizure Texas Non-Disclosure Law Conditions of Bonds in Certain DWI Cases Underage DWI Meet Our Team Learn about our attorneys and their outstanding credentials.
Trust Us with Your Future Why Select Our Firm?
We Provide Free, In-Person, No-Obligation Case Evaluations Handled 40,000+ Criminal Cases in Denton and Collin County Since 1996 We Truly Care About Our Clients & Their Cases We Offer Affordable Payment Plans Unparalleled Results Based on the Facts Lead Attorney Tim Powers Is a Regular Legal Commentator on Various Media Outlets Contact Our Firm Let Us Put Our Experience to Work for You
We only accept Denton County and Collin County cases.
Yes, I am a potential new client No, I'm a current existing client I'm neither.
Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069
Office locations
- Denton office: 215 West Oak Street, Denton, TX 76201
- McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
- Plano office: 7200 Dallas Parkway, Plano, TX 75024