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DWI Field Sobriety Tests Port Arthur Texas TX

Reader’s Question:

I heard from a friend here in Port Arthur, Texas that there are people who should not be given field sobriety tests during a DWI investigation. Who are these people and if proven that they are not appropriate to take the tests, can they have their case dismissed?

Lai

Port Arthur, TX

In almost all DWI stops, the officer asks the DWI suspect to take a number of balance and coordination tests, more popularly known as field sobriety tests (FST’s). Contrary to what most people believe, FST’s are not easy or fair. For these tests to have meaning, they should be given under the conditions and using the procedures given in the National Highway and Traffic Safety Administration’s (NHSTA) Field Sobriety Test Manual. In most DWI cases, in Port Arthur, Texas for example, the procedures outlined in the manual are rarely followed, calling the results of the FST’s and the credibility of the police officer into question.

These FST’s should not be given to certain classes of people who are not candidates for balance and coordination tests. The people who should not be administered the FST’s are those who are over the age of sixty or those who are more than 50 pounds overweight. Also, those people who have a history of head trauma or who have certain eye conditions are not candidates for the pen and eye test. The DWI case would not be automatically dismissed if proven that they should not have done the FST’s but this would usually result in suppression of evidence.

Tags: DUI arrest, DWI, DWI lawyer, field sobriety tests