If an officer suspects that you have been drinking,then you may be asked to perform a few field sobriety tests in Texas. (If this happens,you might want to contact a- for a free case evaluation.) There are simple activities that should be easy for any sober person to complete,at least in theory. The reality is that they can be quite tricky and people can fail them for reasons other than drinking alcohol. Let’s look at each of them one by one:
Walk and Turn
The driver must walk a few paces in a straight line,turn,and go back to the starting point. Each step must be taken heel to toe. The activity can provide clues about intoxication including the ability to maintain balance. Drivers should make sure that they are able to follow the instructions to the letter. For example,if they were asked to take 9 steps then that is exactly what they should do. They must not start too soon,step off the line,raise arms too high,put the heel and toe too far apart,make improper turns,or stop in the middle of the steps.
One-legged Stand
This requires the driver to raise one foot about six inches up from the ground while putting all his weight on his other leg. The foot must be pointed and the legs must be straight. In this position,it can be difficult to maintain balance for any length of time. This sobriety test calls for 30 seconds with the person counting out loud. The police will check for sway,arm raise,foot drops,and hops. Two wrong moves can cause failure.
Horizontal Gaze Nystagmus
The officer will ask the driver to follow an object with his eyes. This can be anything from a pen to a flashlight. Their movement your follow a horizontal line. If the eyes jerk,then this could be construed as a sign of intoxication. The problem is that many other things can cause the eyes to move involuntarily.
If you fail a sobriety test and get arrested,be sure to contact a good- soon afterward.
