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  • Writer's pictureBrian Foley

Houston DWI Attorney Navigating the Complexities of a Houston DWI Case: How a DWI Attorney Can Help

Houston DWI Attorney - Brian Foley - Board Certified in Criminal Law.

Houston DWI Attorney

Navigating the Complexities of a Houston DWI Case: How a DWI Attorney Can Help


Facing a Driving While Intoxicated (DWI) charge in Houston can be a daunting and life-altering experience. Everyone wants the Best DWI Attorney in Houston. The legal consequences of a DWI conviction in Texas can be severe, including fines, license suspension, mandatory alcohol education programs, and even jail time. If you find yourself in such a situation, you need a skilled Houston DWI attorney who can help you navigate the complexities of your case. In this article, we will delve into a specific aspect of a DWI case in Houston where a lawyer's expertise can make all the difference: challenging the field sobriety tests.

Understanding Field Sobriety Tests

Field sobriety tests (FSTs) are a set of physical and cognitive tests that law enforcement officers often administer during a traffic stop when they suspect a driver is impaired by alcohol or drugs. These tests are designed to assess a person's coordination, balance, and ability to follow instructions. Common FSTs include the Horizontal Gaze Nystagmus (HGN) test, Walk-and-Turn test, and One-Leg Stand test.

While FSTs are intended to help officers determine if a driver is impaired, they are far from foolproof. Many factors can influence the results of these tests, leading to false positives and unjust arrests. This is where an experienced Houston DWI attorney can make a significant impact on your case.

Challenging Field Sobriety Test Results

A skilled DWI attorney understands the intricacies of FSTs and knows how to challenge their validity in court. Here are some common ways an attorney can help:

  1. Improper Administration: Officers must follow specific protocols when administering FSTs. Any deviation from these procedures can compromise the test's accuracy. Your attorney will meticulously review the details of your arrest to determine if the tests were conducted correctly.

  2. Medical Conditions: Certain medical conditions, such as neurological disorders or injuries, can affect a person's performance on FSTs. A knowledgeable attorney will investigate your medical history to determine if a pre-existing condition could have influenced your test results.

  3. Environmental Factors: The conditions in which FSTs are administered can impact their accuracy. Uneven terrain, poor lighting, inclement weather, or distracting traffic can all affect a driver's ability to perform these tests. An attorney will assess the circumstances surrounding your arrest to identify any environmental factors that may have played a role.

  4. Officer Bias: Sometimes, an officer's subjective judgment can come into play during FSTs. If your attorney can demonstrate that the arresting officer had a bias or predetermined belief that you were impaired, it can cast doubt on the validity of the test results.

  5. Alternative Explanations: Your attorney may present alternative explanations for your performance on FSTs. For example, they may argue that fatigue, anxiety, or a lack of familiarity with the tests could account for your performance, rather than impairment.


Being charged with a DWI in Houston is a serious matter, but it's essential to remember that you have rights and options. Challenging the results of field sobriety tests is just one aspect of building a strong defense in a DWI case. A skilled Houston DWI attorney can thoroughly investigate your case, identify weaknesses in the prosecution's evidence, and advocate on your behalf in court.

If you or a loved one is facing DWI charges in Houston, don't hesitate to seek legal counsel. An experienced attorney can make a significant difference in the outcome of your case, potentially leading to reduced charges or even an acquittal. Remember, you have the right to a fair defense, and a qualified DWI attorney is your best ally in protecting your future.

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