The short answer is no. Police officers may document what they know about a person’s physical disabilities. Unfortunately, officers rarely take those factors into account when scoring the sobriety tests. Remember, the officer is hoping to develop probable cause to justify an arrest. Once the arrest occurs, the officer is permitted to request breath or blood samples. That is their endgame. They want to obtain chemical test results. As a result, the officer does not generally take disabilities into consideration, although as a defensive issue, we can raise those disability issues down the road to discredit their opinions about intoxication. Bryan DWI attorneys can show the judge or jury that your physical disabilities caused you to perform poorly on these tests.

Roadside tests are generally admissible in court. Although officers may incorrectly administer the tests, judges will permit them to testify about their administration in scoring the tests and allow them to state an opinion about whether they believed the person was intoxicated based on those test results. However, we will zealously challenge the officer’s incorrect administration of any field sobriety test to shed doubt upon their opinion about intoxication.