Ways To Contest The Walk And Turn DWI Houston Test

The walk and turn test is pretty much like any other DWI test – it has its own flaws that are built inside it. The premises on which this test is based are:

1. Any individual would be able to perform the walk and turn.
2. The number of errors made would be less than two. However, these premises are yet to be tested by the authorities. Here is a rundown of the ways in which the walk and turn can be contested.

Faulty Premise
Any police officer who catches you under the suspicion of Driving While Intoxicated will ask you to walk heel to toe with your arms pinned to your sides and repeat the action while walking back without stopping. According to the officer, this is a test to prove that you have not lost the normal use of your physical and mental faculties. The only problem with the test is that no ordinary person would walk that way. While taking loping steps, your arms would freely swing from your shoulders, which would act as a counterweight to give you balance. This can be easily proved by a DWI Houston lawyer alone.

Bad Testing Surface
According to the NHTSA manual, the surface on which the test is to be conducted is supposed to be “non-slippery,” “hard,” “level,” and “reasonably dry.” However, if an officer conducts the walk and turn test on the roadside, it is possible that the surface does not meet these conditions. Most of the streets and roads will not be hard and level. If it is the winter season, it is not likely to be non-slippery. Sometimes, there may be issues with the pavement since the gravel might become loose with overuse. For these reasons, it would be better to hire the services of a DWI Houston attorney, who can prove the police officer who tested you wrong.

Medical Conditions
Before conducting the walk and turn test, it is important for the police officer to find out whether you have had any concussions or injuries on the head in the past. Moreover, he or she should also remember that the rule book of NHTSA states that anyone above the age of 65 would not only have hearing problems but would also be having weak hands and legs. On the other hand, if your attorney is a good one, he will take care to see to it that a medical test is conducted on you before helping you fight your case. This is in case you have a physical condition that would influence the results of the walk and turn test. Therefore, make sure you take the help of a good DWI Houston lawyer who would be able to not only prove that you were innocent but also that you were troubled by the police for no fault of yours. In fact, he would also be able to prove that the results of the walk and turn were wrong. He would also be able to get any criminal records against your name expunged along with getting your case dismissed completely.