By Collin County Criminal Defense Lawyer Jeremy Rosenthal
When people are visiting with me about their recent DWI arrest in I’m often asked what constitutes passing or failing the standardized field sobriety tests.
I start by telling them that at least according to the grader– they probably failed — but the officer’s opinion ultimately isn’t what counts. It’s the jury’s opinion that matters and if the tests aren’t done to standard (and they often aren’t), then the jury may give the officer’s tests and opinions very little weight.
The truth is that there are three tests that are typically utilized by police and they are highly subjective in how they are graded. Not only that, but they must be given in the manner prescribed by the officer’s training or the results can be compromised. So when the officer says you failed — I tend not to worry.
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