When you are stopped on suspicion of driving under the influence (DUI) in Texas, law enforcement may use two types of tests to assess whether you are impaired: field sobriety tests (FSTs) and chemical tests. Understanding how each test works, what it measures, and how it holds up in court is crucial if you are facing DUI charges. Knowledge is your first step in protecting your rights and making informed decisions about your case.
If you are facing DUI charges in El Paso, contact Law Offices of Ruben Ortiz immediately at (915) 308-8850 or fill out our online form. Every minute counts when it comes to protecting your future.
What Are Field Sobriety Tests?
Field sobriety tests are physical assessments performed on the side of the road to help officers determine if a driver may be impaired. These tests are designed to measure balance, coordination, and the ability to follow instructions—skills that can be affected by alcohol and certain drugs.
Common Field Sobriety Tests in Texas
- Horizontal Gaze Nystagmus (HGN): The officer watches your eyes for involuntary jerking as you follow a moving object.
- Walk-and-Turn Test: You take a series of steps in a straight line, heel-to-toe, while following specific instructions.
- One-Leg Stand Test: You balance on one leg while counting aloud.
While these tests may seem straightforward, many factors—fatigue, medical conditions, poor footwear, or even uneven surfaces—can affect your performance.
Limitations of Field Sobriety Tests
- Results are subjective; they depend on the officer’s observation.
- Environmental conditions (rain, wind, uneven pavement) can influence performance.
- Some medical conditions or disabilities may cause someone to fail even if sober.
For these reasons, field sobriety tests are not foolproof, and challenging field sobriety tests can sometimes be a key strategy in defending a DUI case.
What Are Chemical Tests?
Chemical tests measure the alcohol or drug content in your body more directly than field tests. The most common chemical tests include:
- Breath tests (commonly with a breathalyzer)
- Blood tests
- Urine tests (less common for alcohol, more common for drugs)
How Chemical Tests Work
- Breath Tests: Estimate blood alcohol content (BAC) based on the amount of alcohol in your breath.
- Blood Tests: Measure the exact amount of alcohol or drugs in your bloodstream.
- Urine Tests: Detect the presence of certain drugs, though not necessarily current impairment.
Chemical tests are often considered more reliable than field sobriety tests because they provide measurable, objective results. However, errors can still occur, such as improper handling, calibration issues, or delays between driving and testing.
Field Sobriety Tests vs. Chemical Tests: Legal Considerations
When it comes to court, the reliability of the evidence matters. Both types of tests can be challenged, but they have different legal weight.
Key Differences
- Objectivity: Chemical tests offer numeric results; FSTs rely on officer observation.
- Timing Sensitivity: BAC levels drop over time; delays can impact chemical test results.
- Susceptibility to Error: FSTs can be influenced by weather, physical limitations, or stress.
- Evidence Weight in Court: Chemical test results are often more persuasive to a jury; however, improper administration can undermine their credibility.
A skilled attorney can examine the circumstances of your tests, challenge the officer’s procedures, and assess the reliability of your results. This can make a significant difference in how your case proceeds.
Practical Steps if You Are Stopped for a DUI
- Stay calm: Cooperate politely, but you have the right to remain silent.
- Do not admit guilt on the scene: Statements made during the stop can be used in court.
- Ask about your testing rights: Texas law allows you to refuse specific tests, though refusals can carry consequences.
- Document everything: Make notes about the conditions, officer behavior, and any witnesses.
- Contact Law Offices of Ruben Ortiz as soon as possible: Early involvement allows your attorney to gather evidence and plan a strong defense.
Why Legal Guidance Matters
DUI charges can carry severe consequences in Texas, including fines, license suspension, and even jail time. Understanding your rights and the strengths and weaknesses of the evidence against you is essential. An attorney can:
- Review the administration of your field sobriety and chemical tests.
- Identify procedural mistakes that could impact your case.
- Advise you on the best course of action to protect your future.
Every case is different, and a proactive approach can help you navigate the complexities of DUI law more confidently.
Challenging Field Sobriety Tests
If you or a loved one is facing DUI charges, you do not have to face this alone. Protecting your rights starts with a timely consultation. Contact Law Offices of Ruben Ortiz today at (915) 308-8850 or complete our online contact form to discuss your case and explore your options.