ABC TEST

Drivers under suspicion of DUI / DWI in Fort Bend often must take the ABC test or another field sobriety test before being arrested. Unfortunately, “passing” these tests won’t help an accused drunk driver to avoid an arrest – they are used solely to justify an arrest and provide evidence for prosecution. However, field sobriety tests such as the ABC test are open to interpretation. Texas defense lawyer David Hunter will aggressively rebut the results of the ABC test as part of a strategic defense plan.

The ABC test begins when the officer instructs the driver to recite or write the alphabet while standing with feet together and arms down. During the test, police watch for symptoms of intoxication that include starting the test too soon, an inability to follow directions, slurred speech, or an inability to write or recite the alphabet correctly.

Police and prosecutors may think this test is an accurate indicator of intoxication because, after all, everyone knows the ABCs, but anyone would get nervous after being ordered from a vehicle next to a busy street or highway. . The ABC test doesn’t even really qualify as a test, because the driver is set up to fail regardless of whether he or she meets the legal standard of intoxication.

Many factors unrelated to alcohol consumption can cause a motorist to perform poorly on the ABC test, including injury, illness, motor skill impairments, and nervousness. An experienced drunk driving attorney will compile a full medical history from the accused drunk driver to establish whether reasons other than alcohol intoxication may have caused a driver to “fail” the ABC test.

The ABC test is so subjective a gauge of alcohol impairment that it isn’t even a standardized field sobriety test recognized by the National Highway Safety Traffic Administration (NHTSA). Because the ABC test isn’t standardized, it carries much less evidentiary weight in court. The test has no objective scoring system, and relies purely on the officer’s opinion as to whether the driver “passed” or “failed.”

Many motorists worry that it’s pointless to fight a driving while intoxicated charge because they fear that “failing” a field sobriety test means an automatic conviction. However, the results of field sobriety tests such as the ABC test can be successfully challenged in court.

A skilled defense lawyer will question the arresting officer’s conclusions during cross-examination and draw out points that help the driver’s case. Texas DUI / DWI defense lawyer David Hunter has the skills and experience needed to discredit the results of a field sobriety test and demonstrate that the driver was not impaired.