Galveston Failed Field Sobriety Test Attorneys

If you have landed on this page, chances are that you or a loved one have been arrested after failing a field sobriety test in Galveston, Texas. We understand that this may be a time of great uncertainty and worry about your future. At Zendeh Del & Associates, PLLC, we want to reassure you that we are here to help you navigate through the complex legal processes ahead. We are empathetic to the challenges you are facing, and we are committed to providing you with the support you need. Our Galveston Failed Field Sobriety Test Attorneys are ready to guide you through every step of the process to help you achieve the best possible outcome for your case.

Types of Field Sobriety Tests

There are three types of SFSTs: Horizontal gaze nystagmus (HGN), walk-and-turn and one-leg stand test. Each test is administered in the area in which you get pulled over. This could be the side of the road, a parking lot, or anywhere an officer instructs you to pull over your vehicle.

Horizontal gaze nystagmus (HGN) test: Measures involuntary jerking of the eyes, occurring as the eyes gaze towards the side. This is viewed as the most reliable SFST. You will be instructed to follow the motion of a specific object, such as the tip of a pen, penlight or pencil. From there, the officer will look for:

• Lack of smooth pursuit
• Distinct and sustained nystagmus at maximum deviation
• The onset of nystagmus prior to 45 degrees

One-leg stand (OLS) test: A divided attention test that measures your mental and physical task ability. You will be asked to stand with one leg lifted about 6 inches above the ground and count out loud (one thousand one, one thousand two, etc.). The officer will look for:

• Swaying while balancing
• Using your arms to balance
• Hopping
• Putting your foot down

Walk-and-turn test: A divided attention test that measures your mental and physical task ability. You will be asked to take nine heel-to-toe steps, turn and do nine heel-to-toe steps again. The officer will look for:

• Inability to balance
• Starting the test too soon
• Missing heel-to-toe
• Using your arms to balance
• Stepping off the line

What Happens After Failing a Field Sobriety Test in Galveston, TX?

When an officer pulls you over and suspects you may be under the influence of alcohol or drugs, one of the first things they may ask you to do is perform a field sobriety test. These tests are used to help the officer determine whether you are impaired. However, the results of these tests can be influenced by a variety of factors, such as medical conditions, weather, and the stress of being pulled over. A failed field sobriety test does not automatically mean that you are guilty of driving under the influence.

If you fail a field sobriety test, the officer may arrest you for driving while intoxicated (DWI) or driving under the influence of drugs (DUID). In Galveston, Texas, these charges come with serious legal consequences, including possible fines, jail time, and other penalties.

Charges You Could Face After a Failed Field Sobriety Test in Galveston

In Galveston, a failed field sobriety test could lead to one or more charges, depending on the circumstances of your arrest. Some of the most common charges that may be brought against you after failing a field sobriety test include:

• Driving While Intoxicated (DWI)
• Driving Under the Influence of Drugs (DUID)
• Failure to Submit to a Breathalyzer Test
• Criminal Driving Offenses

Each of these charges carries potential penalties, including hefty fines, mandatory alcohol or drug education programs, community service, and even jail time. In some cases, a conviction can result in a permanent criminal record, which could have a lasting impact on your personal and professional life.

Why Field Sobriety Tests Aren’t Reliable

Because SFSTs are administered in the location where you were pulled over, it is highly probable that certain factors prevented you from successfully completing your SFSTs: Environmental factors and underlying medical conditions may be some of those reasons. An officer may have administered your test wrong and/or given you improper instructions, which is something you shouldn’t have to suffer for.

HGN: The officer may not have moved the stimulus (pen, pencil, penlight) in a smooth manner, thus causing an exaggerated nystagmus. Other factors such as bright headlights from the surrounding traffic, fast-moving objects or underlying medical conditions may create a false indication of intoxication.

Walk-and-turn: You may have been wearing improper shoes, completed the test on an uneven and/or slippery surface, or suffer medical issues that prevent you from completing the test fairly. Further, the weather may have been unfavorable and obstructed your ability to walk-and-turn successfully.

One-leg stand: As mentioned before, if you were wearing improper shoes, or completed the test on an unstable surface, you may be deemed intoxicated. The weather may have been rainy or windy, which caused you to lose your balance. Not to mention, any physical disabilities may have resulted in you failing your SFST.

Our field sobriety test attorneys are trained and qualified to know precisely how field sobriety, blood and breathalyzer tests should be given to a driver. Our training in this field is no different than that of law enforcement, meaning we are just as competent in SFSTs, blood and breath test as officers are. With this key insight, we can examine every element of your case to find inconsistencies and defects on the officer’s behalf to better fight your charge.

Why It’s Important to Hire a Galveston Failed Field Sobriety Test Attorney

A failed field sobriety test can be a significant factor in your case, but it is not the sole determinant of guilt or innocence. The field sobriety tests used by law enforcement officers are not always accurate, and there are many factors that can influence the results. That is why it is important to have a skilled attorney on your side to challenge the evidence and fight for your rights.

At Zendeh Del & Associates, PLLC, our team of Galveston Failed Field Sobriety Test Attorneys understand the complexities of these cases. We will work diligently to review the details of your arrest, gather all relevant evidence, and craft a strong defense strategy tailored to your unique situation. Whether it’s questioning the validity of the field sobriety test or challenging the legality of the traffic stop, we will explore every possible avenue to protect your rights and minimize the impact of the charges against you.

The Serious Consequences of a Failed Field Sobriety Test Conviction
Failing a field sobriety test can lead to severe consequences if you are convicted. In Galveston, a DWI or DUID conviction can result in fines, imprisonment, and the suspension of your driver’s license. A conviction may also lead to an increased insurance premium and make it difficult for you to find or keep a job, especially if your job requires you to drive.

For first-time offenders, a conviction could result in a fine of up to $2,000 and up to 180 days in jail. Additionally, your driver’s license may be suspended for up to one year. If you are a repeat offender, the penalties become even more severe. You could face longer jail sentences, higher fines, and a longer license suspension period.

Common Mistakes to Avoid After a Failed Field Sobriety Test Arrest in Galveston

Being arrested for a failed field sobriety test can be overwhelming, but avoiding certain mistakes is crucial for protecting your case. The aftermath of the arrest can be confusing, and it is easy to make errors that could harm your defense. Here are some of the most common mistakes to avoid.