Texas DWI Attorney Dan Krieger represents people accused of driving while intoxicated, boating while intoxicated, and other alcohol-related crimes. Dan has completed both the National Highway and Traffic Safety Administration Standardized Field Sobriety Testing Course and the Texas Department of Public Safety’s Breath Test Operator course.
What are standardized field sobriety tests?
A standardized field sobriety test, also known as SFST, is a series of three tests the police give people to decide whether or not they are intoxicated. The three SFSTs are: 1) the horizontal gaze nystagmus (HGN) test; 2) the one-leg stand test; and, 3) the walk and turn test. There are also other tests the police will occasionally try to administer; these include the alphabet test, the finger-touch test, the counting test, and the Rhomberg test. These latter tests are not considered to be standardized.
A key aspect to standardized field sobriety testing is the administration of the testing. This is commonly an area where mistakes are made by the officer administering the test that cause people who are not intoxicated to be scored improperly on the tests and ultimately arrested and accused of being intoxicated. In order to maintain the “standardized” portion of the tests, it is critical that the tests be explained, demonstrated, and performed correctly. The failure to properly explain or perform the test can easily make the person being tested appear to have failed the test or cause the test to be scored improperly. Citizens should also be wary of any test that just scores what you do wrong without giving you credit for what you do right.
If, like most people, you are nervous when stopped by the police and suddenly asked to perform roadside gymnastics testing, it is very easy to perform poorly on these tests. It’s vitally important that whomever you hire to represent you or your loved one who stands accused of an alcohol-related offense be familiar with the standardized field sobriety testing and have the ability to recognize testing errors.
Do I have to do the tests?
No. In fact, there are many reasons not to take the roadside tests. In addition to the reasons listed above, many innocent people are aware that they are nervous, overly tired, have balance problems, have had previous head injuries or leg/knee/ankle/foot injuries that will not allow them to correctly perform the tests.
What will happen to my driver’s license?
It is important that you seek an attorney as soon as possible as there are important time lines to request a hearing on the suspension of your driver’s license. See the Administrative Hearing area of this website for more information.
What are the penalties for DWI?
1st conviction: a first-offense conviction may result in a fine not to exceed $2,000.00 and up to 180 days in the county jail and a driver’s license suspension of 90 to 365 days. It is categorized as a Class B misdemeanor.
2nd offense: a second-offense conviction may result in a fine not to exceed $4,000.00 and up to 365 days in the county jail and a possible driver’s license suspension ranging from 180 days to 2 years. It is categorized as a Class A misdemeanor.
3rd offense: a third-offense conviction may result in a fine up to $10,000.00 and 2 to 10 years of imprisonment in TDCJ and suspension of your driver’s license ranging from 180 days up to 2 years. It is categorized as a 3 rd Degree Felony.
Intoxication Assault: may result in a fine up to $10,000 and 2 to 10 years of imprisonment in TDCJ. Additionally, you may be fined up to $10,000.00. It is also categorized as a 3 rd Degree Felony.
DWI with a child passenger under 15 years of age: may result in a fine up to $10,000 and confinement in a state jail for any term of less than 180 days or more than 2 years. It is categorized as a State Jail Felony.
