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Field Sobriety Test Austin Trial Lawyers

Austin Field Sobriety Test Attorneys

Challenging Field Sobriety Test Results in Travis County

Were you pulled over on suspicion of driving while intoxicated? Did you “fail” a field sobriety test? This does not necessarily mean that you should be found guilty of DWI. In fact, field sobriety tests are not considered 100% accurate or reliable when it comes to determining whether someone is driving under the influence. Even when they are administered correctly, which is not always the case, the results are highly subjective. 

At Smith & Vinson Law Firm, we help people charged with DWI based on field sobriety tests challenge the results of these tests and other evidence. Our Austin field sobriety test attorneys can investigate and evaluate your unique case to determine how to best defend your interests. We are here to seek the truth and fight for your constitutional rights.

Contact our experienced DWI attorneys today at (512) 359-3743 for a free, confidential consultation.


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What Is a Field Sobriety Test?

A field sobriety test is a series of physical and cognitive exercises conducted by law enforcement officers to assess a driver's level of impairment due to alcohol or drugs. These tests are used during a traffic stop if the officer suspects that the driver might be intoxicated or under the influence of an intoxicating substance.

Field sobriety tests (FSTs) are closely linked to DWI arrests and charges. Typically, an officer will use field sobriety tests to establish probable cause of intoxication and provide grounds for a DWI arrest. An officer’s testimony regarding field sobriety testing may also be used to support the prosecuting attorney’s case that a driver’s abilities were impaired.

Types of Field Sobriety Tests

There are three standardized field sobriety tests, or SFSTs, used by Austin police officers after stopping drivers suspected of DWI.

These include: 

  • Horizontal Gaze Nystagmus (HGN) Test: The officer checks for involuntary jerking of the eyes as the driver follows a moving object, like a pen, with their eyes.
  • Walk-and-Turn Test: The driver is asked to walk in a straight line, heel-to-toe, turn around, and walk back. 
  • One-Leg Stand Test: The driver is asked to stand on one leg for a certain period of time, usually around 30 seconds, while counting aloud. 

These tests are used to test balance, coordination, and a driver’s ability to follow instructions. They are graded based on set standards to determine whether a driver is intoxicated. These tests are not foolproof, however, and may be administered improperly.

  • Case Dismissed Felony DWI w/ Child Passenger

    After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”

  • Motion to Suppress Granted During Trial DWI .11 Blood Warrant

    This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.

  • Probation (was looking at 25 to life in prison) Felony DWI

    Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.

  • Case Dismissed DWI

    Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.

  • Not Guilty 2nd DWI

    911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.

  • Not Guilty DWI .24 Blood Warrant

    Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.

  • Not Guilty 2nd DWI

    Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

  • Case Dismissed DWI

    Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.

  • Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
  • Case Dismissed 2nd DWI

    Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist

  • Not Guilty DWI .17 Blood Result

    A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.

  • NOT GUILTY DWI

    911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.

  • Case Dismissed Intoxication Assault

    Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.

  • Motion to Suppress Granted; Case Dismissed DWI 2nd .209
  • Case Dismissed DWI

    Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.

  • Case Dismissed DWI

    Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.

  • Case Dismissed; Charges Reduced Felony DWI

    Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.

  • Case Dismissed DWI

    Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.

  • Case Dismissed DWI

    Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.

  • Not Guilty DWI .22 Blood Warrant

    This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.

Field Sobriety Test FAQ

  • In Texas, you are allowed to decline a field sobriety test. However, due to the state’s implied consent laws, you could face consequences for doing so. The officer may arrest you and require you to submit to a breathalyzer, blood, or urine test. You could also face automatic driver’s license suspension for refusing a FST, even if you are not convicted of DWI.

  • If you took and failed a field sobriety test, you should reach out to a knowledgeable DWI defense attorney right away. An attorney can determine whether the test was supported by probable cause or administered correctly. Your attorney could also uncover other factors that may have affected the test’s accuracy and use this to fight for reduced or dismissed charges.

  • Working with an attorney after failing a field sobriety test offers several significant advantages. DWI attorneys are knowledgeable in defending clients against these types of charges and are well-versed in the intricacies of field sobriety tests. They possess a deep understanding of the standardized procedures required for these tests and can skillfully challenge their validity in court.

  • Our lawyers work to identify errors or inconsistencies in the administration of field sobriety tests, such as improper instructions, faulty equipment, or external factors that could have influenced test performance. By leveraging this knowledge, our Austin field sobriety test attorneys can build a robust defense strategy tailored to the specific circumstances of your case, potentially leading to reduced charges or even case dismissal.

    What’s more, a field sobriety test lawyer from our firm can navigate the complex legal landscape surrounding your Texas DWI case. We are familiar with state laws, procedures, and precedents related to DWI and DUI offenses, allowing us to mount comprehensive defenses for our clients. Our attorneys can explore alternative explanations for test results, challenge the prosecution's evidence, and negotiate with prosecutors to secure favorable plea deals if and when appropriate.

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How to Challenge Field Sobriety Test Results in Central Texas

Not only is it possible to challenge the results of a field sobriety test, but it is also wise to do so. These tests are highly subjective, and the results are often inaccurate. However, if you do not challenge the results, you will almost certainly be charged with DWI, which can lead to a wide range of criminal and administrative penalties

The best way to challenge a FST is to contact an experienced DWI attorney, like ours at Smith & Vinson Law Firm. An attorney from our firm can look for inaccuracies, mistakes, and other issues that call the results of the test into question. 

In challenging field sobriety test results, our Austin field sobriety test attorneys often ask key questions such as:

  • Was the testing area well-lit, or was it dark?
  • Was the ground uneven?
  • Was the defendant wearing high-heeled shoes or other clothing that affected their ability to perform the requested actions?
  • Did the officer give clear instructions, or were the instructions confusing? 
  • Did the officer properly evaluate the defendant’s performance?
  • Does the defendant have a physical condition that would impact their ability to perform the tests?
  • Was the officer properly trained in administering field sobriety tests?
  • Did the officer give a test sanctioned by the NHTSA? 

Once we have thoroughly examined the circumstances surrounding the test, we can begin to build a case aimed at challenging this evidence. Our team works quickly to minimize the impact of a DWI arrest on your life. We are ready to fight for you; get in touch with us today to learn how.

Call our office at (512) 359-3743 or submit a secure contact form today to get started with a free and confidential case evaluation. 


  • National College of DUI Defense
  • DUI Defense Lawyers Association
  • AVVO Brad
  • AVVO Jarrod
  • The College of the State Bar of Texas
  • National Trial Lawyers

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