DWI Field Sobriety Myths

DWI field sobriety test - herman martinez criminal defense lawyer

There are many DWI field sobriety myths surrounding how these tests are to be performed, and what it takes to pass them. As a Houston DWI lawyer, I review DWI field sobriety tests daily. It troubles me how police officers score these tests, and how they lack the necessary detail in their reports. By routinely doing this, it illustrates their lack of knowledge of the DWI tests and their zeal for a DWI arrest.

The officers mislead the prosecutors by omitting crucial information and subscribing to the field sobriety myths that have developed over the years. For example, officers routinely state that a person uses their arm for balance when performing the DWI field sobriety tests and indicate that as a clue. However, a person is allowed to use their arms for balance so long as it not more than six inches away from their side.

In fact, during the instruction phase of the walk and turn test a person
is allowed to use their arms for balance so long as they maintain the
start position. Another myth is that a person must touch heel to toe when
performing the walk and turn tests. This is incorrect a person is allowed
a half an inch between their heel and toe when performing this portion
of the test. Most officers do not realize this despite it being in their
manual for DWI detection. With the help of an experienced
DWI Attorney you should be able to sort through DWI field sobriety myths and uncover the officer’s lack of knowledge of the field sobriety tests.