The Law Office Of H. Alex Fuller, PLLC

Call My McKinney Office To Request A
Free, Confidential Consultation

The Law Office Of H. Alex Fuller, PLLC

Call His McKinney Office To Request A
Free, Confidential Consultation

Is a failed field sobriety test enough to convict you?

Texas law enforcement rely on field sobriety tests to make DUI arrests. A field sobriety test result may feel like condemning evidence. But is it enough to convict you of DUI? 

Today we will answer this question. We will look at whether a court can use field sobriety test results as the basis of a conviction. 

Standardized and non-standardized field sobriety tests talk about both types of field sobriety tests and their uses. All field sobriety tests measure a person’s potential sobriety level. Based on results, an officer may administer more tests. In rare cases, they may make an arrest based on that alone. 

There are two primary types of field sobriety tests as well. The categories include standardized and non-standardized tests. Standardized tests have a universal rubric by which officers grade them. Non-standardized tests do not have this rubric. It is up to each individual officer to decide whether someone passes or fails the test. Some think this allows for a margin of error that is too large. 

Subjectivity in all field sobriety tests 

Even standardized field sobriety tests have potential issues. There are many reasons for certain results that have nothing to do with alcohol. For example, people with health problems like obesity may not finish the walk-and-turn test. 

Both tests are subjective. Because of that, it is unlikely that the court will convict you based on a field sobriety test result alone. Arresting officers and prosecutors are aware of the weaknesses of field sobriety tests. In most cases, they use these results to bolster other pieces of evidence. You are not going to see anyone present a failed field sobriety test on its own and expect that to get a conviction. 


Providing Criminal Defense Counsel In Communities Throughout Collin County And Dallas County.