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Writer's pictureBrian Foley

Galveston DWI Attorney - Why did I get arrested if I passed all the tests?

Galveston DWI Attorney - Why did I get arrested if I passed all the tests?

Galveston DWI Attorney - Why did I get arrested if I passed all the tests?


If you’ve been arrested for DWI in Galveston despite feeling confident that you passed all the field sobriety tests, you’re not alone. Many individuals find themselves in this confusing and frustrating situation. The reality is that these tests are not designed to be a simple pass/fail assessment. Instead, they are tools used by law enforcement to identify indicators of likely intoxication. Here, we’ll break down each field sobriety test, the specific clues officers look for, and how an officer's training can influence the outcome of your arrest.


The Field Sobriety Tests and Their Clues

  1. Horizontal Gaze Nystagmus (HGN) Test Each eye is tested separately, leading to a total of six potential clues. If an officer observes four out of six clues, it is considered a strong indicator of intoxication.

  • What It Is: The officer observes the eyes of a suspect as they follow a slowly moving object (like a pen or flashlight) horizontally.

  • Clues Officers Look For:

  • Lack of smooth pursuit

  • Distinct and sustained nystagmus at maximum deviation

  • Onset of nystagmus prior to 45 degrees

  1. Walk and Turn Test If an officer observes two out of these eight clues, it is considered a sign of impairment.

  • What It Is: The suspect is asked to take nine steps, heel-to-toe, along a straight line, turn on one foot, and return in the same manner.

  • Clues Officers Look For:

  • Cannot keep balance while listening to instructions

  • Starts before instructions are finished

  • Stops while walking to regain balance

  • Does not touch heel-to-toe

  • Steps off the line

  • Uses arms for balance

  • Makes an improper turn

  • Takes an incorrect number of steps

  1. One-Leg Stand Test Observing two out of these four clues is taken as evidence of possible intoxication.

  • What It Is: The suspect is asked to stand on one leg while counting aloud for about 30 seconds.

  • Clues Officers Look For:

  • Sways while balancing

  • Uses arms to balance

  • Hops to maintain balance

  • Puts foot down


The Subjectivity of Field Sobriety Tests

While the tests are standardized, the interpretation of the results can be quite subjective. Different officers might have varying levels of training and experience, which can influence their judgment. For example:


  • Training and Experience: An officer with extensive training and experience might be more adept at identifying the subtle signs of intoxication, while a less experienced officer might rely more on their gut feeling.

  • Environmental Factors: Conditions such as uneven surfaces, poor lighting, or inclement weather can affect performance on these tests, and officers are trained to take these factors into account, though their ability to do so accurately can vary.

  • Suspect’s Physical Condition: Certain medical conditions, injuries, or even nervousness can affect a suspect’s performance, potentially leading to false indicators of intoxication.


Why You Might Still Get Arrested

Given the subjective nature of these tests and the variability in officers' training and experience, it’s possible to be arrested even if you feel you performed well. Officers are trained to err on the side of caution to ensure public safety, and they might arrest someone if they have any reason to believe that person is impaired, even if the field sobriety tests are not conclusive.


If you find yourself in this situation, it’s crucial to seek the assistance of a knowledgeable criminal defense attorney. At [Law Firm Name], we understand the intricacies of field sobriety tests and the ways in which they can be misinterpreted. We will work tirelessly to challenge the evidence against you and strive to achieve the best possible outcome for your case.

For more information or to schedule a consultation, contact us today.

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