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Field sobriety tests (FST) are used everywhere to determine whether a driver has violated the law by drinking and driving. However, these tests can be subjective and biased, leading to charges based on incorrect evidence. They can be inconsistent and depend on which police officer administers a test. Studies have shown that even when law enforcement administers a test correctly, almost half the people with a blood alcohol content under the legal limit fail the test.
Evaluating the Administration of Field Sobriety Tests (FST)
At our San Antonio law office, we defend people against DWI charges. In many instances, our defense strategy is based upon issues arising from an FST. We evaluate the administering officer, gathering evidence from witnesses who observed the administration of the test. We depose physicians who can attest to any underlying medical conditions, such as balance problems, or prescription medications that could affect the results of an FST. We find out whether our client had adequate rest or food.
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There are three basic FSTs:
Police officers demonstrate how to perform the tests. They score the tests by looking for clues, such as using the arms to balance, not performing the tests as instructed or making mistakes in the mental acuity portion of the tests. Unfortunately, the officer may not demonstrate or instruct correctly. He or she may administer the tests on a grade, on a road without a white line or with the suspect wearing high heels or clothing that impedes movement. For these, and many other reasons, test validity is often challenged by DWI defense lawyers such as Kyle Simpson.
Contact our San Antonio law firm to speak with our Breath Test Attorney in San Antonio. We offer a free initial consultation, accept credit cards and will work with you to develop a payment plan that meets your needs.
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