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Galveston Failed Field Sobriety Test Attorneys
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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.
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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.
Admitting Guilt or Making Incriminating Statements
One of the biggest mistakes people make after failing a field sobriety test is admitting guilt or saying things that could be used against them in court. Even if you believe the test results are accurate, it is essential not to make any statements that might suggest you are guilty of driving under the influence. It is best to remain calm and exercise your right to remain silent until you have spoken with an attorney.
Arguing with the Officer
Another mistake to avoid is arguing with the arresting officer. While you may feel frustrated or anxious after failing the field sobriety test, engaging in a heated argument can only make matters worse. Arguing with the officer can escalate the situation, leading to additional charges such as resisting arrest or disorderly conduct. It is important to remain calm and cooperative, even if you feel the test was unfair or inaccurate.
Refusing Medical Attention
If you feel unwell after the arrest or suspect that a medical condition may have impacted your performance on the field sobriety test, refusing medical attention is not a good idea. Failing to seek medical help could give the impression that you are attempting to hide something. Seeking medical attention is not only in your best interest but can also provide valuable evidence for your defense.
Making Assumptions About the Outcome
After a failed field sobriety test, many people assume that they have no chance of winning their case. This is not true. A failed field sobriety test is not a guarantee of conviction. There are often many factors that can be challenged, such as the accuracy of the test, the conditions under which it was administered, and whether the officer followed proper procedures. Assuming the worst without exploring all options can lead to missed opportunities for a better outcome.
Frequently Asked Questions
If you or a loved one has been arrested after failing a field sobriety test in Galveston, you likely have many questions about what comes next. Our Galveston Failed Field Sobriety Test Attorneys are here to help provide clarity and guide you through the legal process.
What is a field sobriety test, and why is it important in a DWI arrest?
A field sobriety test (FST) is a series of physical and mental exercises performed at the scene of a traffic stop. The purpose of these tests is to help law enforcement officers determine whether a driver is impaired. Although the tests are often used to arrest individuals suspected of driving under the influence (DUI), failing a field sobriety test does not automatically mean you will be convicted. It is just one piece of evidence that could be challenged in court.
What happens if I fail a field sobriety test in Galveston?
If you fail a field sobriety test, it increases the likelihood that you will be arrested for DUI. However, a failed test does not guarantee a conviction. The results of the test can be contested by your attorney, who may argue that the test was administered improperly, that you had a medical condition that affected your performance, or that environmental factors impacted the results.
Can I challenge the results of my failed field sobriety test?
Yes, you can challenge the results of a failed field sobriety test. A skilled Galveston Failed Field Sobriety Test Attorney can examine the circumstances surrounding your arrest, including the conditions under which the test was performed, the officer’s training, and any potential errors made during the administration of the test. Additionally, there are many factors, such as your physical condition or the environment, that may have contributed to your inability to perform well on the test.
What are the possible consequences if I am convicted after a failed field sobriety test in Galveston?
The consequences of a DUI conviction can be severe, including fines, license suspension, and even jail time. A conviction may also result in an increase in your insurance rates and a permanent criminal record. However, there are defenses available, and a skilled attorney can work to minimize or even dismiss the charges against you.
Do I need a lawyer if I failed a field sobriety test in Galveston?
It is highly advisable to consult with an attorney if you have failed a field sobriety test. A Galveston Failed Field Sobriety Test Attorney can review the details of your arrest, evaluate the evidence against you, and determine the best defense strategy. Having legal representation can significantly improve your chances of a favorable outcome in court.
Galveston Failed Field Sobriety Test Defense Client Story
This client story is for educational purposes only.
Joseph sat nervously in the back of the patrol car, his mind racing. Just a few minutes ago, he had been driving along the streets of Galveston, Texas, thinking about how the evening was going perfectly. But when the officer pulled him over for suspected drunk driving, everything changed.
He had taken the field sobriety test when asked, but things didn’t go as planned. His legs wobbled, his mind was foggy from the stress, and before he knew it, the officer told him he failed. His heart sank. He was certain this mistake would ruin his life. Joseph never drank alcohol before getting behind the wheel, but the officer’s words made him doubt everything. Was this the end of his driving privileges? His job? His future?
That’s when Joseph’s brother stepped in. After hearing his concerns, Joseph’s brother recommended Zendeh Del & Associates, PLLC. Joseph wasn’t sure what to expect, but he needed someone who could listen and help him navigate the storm that had just begun.
From the moment Jonathan Zendeh Del took on Joseph’s case, everything started to feel different. Jonathan wasn’t just a lawyer – he was someone who truly understood Joseph’s situation. He listened as Joseph explained how the night unfolded, offering a sense of calm and reassurance in the middle of all the chaos.
Jonathan took charge. He thoroughly examined every detail of the traffic stop and the field sobriety test. Joseph learned that the tests weren’t always accurate, especially when stress and anxiety could affect someone’s performance. Jonathan helped Joseph understand that there was more to the case than simply the test results.
Weeks later, Jonathan stood by Joseph’s side in court, presenting the facts in a way that made sense to the judge and jury. He was not only focused on the technical details, but also on Joseph as a person. Jonathan made sure that the story was clear – Joseph was a responsible individual who had been unfairly judged due to a mistake in the field sobriety test.
In the end, Joseph was found not guilty. The weight that had been pressing on his shoulders for weeks finally lifted. He could breathe again, and his life was back on track, thanks to Jonathan Zendeh Del and the team at Zendeh Del & Associates, PLLC.
Joseph’s story isn’t unique. If you’re facing charges related to a failed field sobriety test, you deserve a team that believes in you and fights for your future. Just like Jonathan Zendeh Del helped Joseph, Zendeh Del & Associates, PLLC can be there for you too.
Contact Zendeh Del & Associates, PLLC for Help with Failed Field Sobriety Tests in Galveston
If you have been arrested in Galveston for failing a field sobriety test, you may feel overwhelmed and uncertain about what to do next. The team at Zendeh Del & Associates, PLLC understands the challenges you are facing and is here to help you navigate the legal process. Whether you were pulled over for suspected drunk driving or drugged driving, we are ready to fight for your rights and work toward the best possible outcome in your case.
At Zendeh Del & Associates, PLLC, we know that failing a field sobriety test does not automatically mean that you are guilty of driving under the influence. There are many factors that can affect the results of a field sobriety test, such as medical conditions, stress, or poor road conditions. Our team will carefully examine the circumstances surrounding your arrest and work to build a strong defense on your behalf.
We offer free consultations to discuss your case and explain your options. During this consultation, we will listen to your side of the story and answer any questions you may have. We believe in providing personalized attention to each client, and we will do everything we can to protect your rights and fight for the best possible results.
If you are facing charges after a failed field sobriety test in Galveston, you don’t have to go through this alone. Contact Zendeh Del & Associates, PLLC today to schedule your free consultation. Our team will work tirelessly on your case and help you understand the steps ahead. Let us help you get the best possible outcome for your situation.
Client Reviews
Jonathan and Natalie have so much expertise in handling evidence, reports, and documentation and my case proved it. They made sure every detail was correct down to the most minuscule piece, and because of that we we’re able to get the case dismissed due to some inaccuracies. Extremely grateful for them!