Austin, TX Attorney, Kevin Bennett, expands on how he interprets the evidence gathered during a field sobriety test. This information will aid him in deciding how best to attack the evidence of your case. If you were under any sort of influence from the officer, environment, or were distracted in any way, the field sobriety results can be affectively argued.
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“Field sobriety tests are what we call divided attention tests, they’re to test someone’s mental faculties, as well as their physical faculties. The first thing I always look at is whether my client was a candidate to take that test in the first place. So I will look at their health and see if there’s any medical conditions or ailments that can possibly affect their performance on field sobriety tests. Different people are going to perform differently for various reasons. One of those reasons could be the officer themselves who administers those field sobriety tests. For example, if an officer is talking fast, or talking unclearly, or talking in a way, maybe to intimidate my client; that could affect their ability to understand directions. Or possibly just make them nervous. I will also look at the environment in which the tests were conducted. Was the test conducted on the side of the road with cars whizzing by? Or was it conducted in a quiet place with little, to no distraction? I will always look at: Who is the officer administering the field sobriety tests? Is this person certified to administer the field sobriety tests? If so, did they administer the field sobriety tests correctly? Because if they didn’t, that evidence can be possibly thrown out or challenged in court.”