DPS: Field sobriety tests stumped Atkinson

Field sobriety tests, administered to suspected drunk drivers in Texas, can be misleading and prove damning in court, according to defense attorneys that often advise their clients to refuse the exams.

City Commissioner Charlie Atkinson submitted to one or more of these tests early Sunday and failed, according to state troopers that arrested and charged Atkinson on suspicion of driving while intoxicated.

He refused a Breathalyzer test and surrendered his driver’s license, Department of Public Safety officials confirmed. Atkinson has not been available for comment on the incident.

Calls to his personal phone and city-issued cell phone were unsuccessful Monday. Messages requesting a return call were unanswered.

John Blaylock, a local defense attorney, says he tells his clients to turn down the tests if they are suspected of DWI.

“Obviously, he will get arrested but at least he won’t give them (police) a whole bunch of things to write down,” he said.

Blaylock does not represent Atkinson but has handled a number of suspected DWI cases.

The former assistant district attorney said Atkinson’s performance on the tests likely gave the arresting officer probable cause to detain him. And while not every test is foolproof, he said, “all of them taken together can certainly give rise to a strong inference that there is something affecting the individual.”

The tests, designed by the National Highway Transportation Safety Administration in 1991, are used nationwide. They include the “Horizontal Gaze Nystagmus,” an eye exam, the “Walk and Turn” and the “One Leg Stand,” to test coordination, DPS trooper Johnny Hernandez said.

“These are standard tests to determine the alcohol concentration,” said Hernandez who told The Herald Sunday that Atkinson showed signs of intoxication when examined by the arresting officer, trooper Juan Villarreal.

Hernandez would not specify which tests Atkinson completed when he was pulled over for speeding just after 2 a.m. on U.S. Highway 77 Frontage Road, north of FM 802.

The commissioner declined a Breathalyzer test, not a blood test as previously reported, Hernandez said.

Atkinson was booked at the Los Fresnos City Jail and released some six hours later, posting a $500 personal recognizance bond.

If a driver refuses to take a Breathalyzer, he is arrested and his driver’s license is confiscated with notice of a pending suspension.

A driver’s permit, which is valid for 40 days is issued to the driver, who has up to 15 days to request a hearing before a judge. If no hearing is requested, the driver’s license is suspended for 180 days.

DPS is conducting an investigation of the incident involving Atkinson. They will present the case to the District Attorney’s Office to review and determine if there is enough evidence to proceed with a criminal complaint and information for prosecution in one of the County Courts- at-Law.

Driver’s Test

Field Sobriety Tests are administered to individuals suspected of driving while intoxicated or driving under the influence of drugs or alcohol. The Texas Department of Transportation uses these tests, which are standard in the United States.

One or more of these tests was performed on City Commissioner Charlie Atkinson early Sunday when he was arrested and charged for DWI. DPS officers report that Atkinson failed at least one of these exams.

One-Leg Stand Test

Requires the suspected drunk driver to stand with his feet together and arms at his sides, then raise one leg approximately 6 inches off the ground, point his toe forward, and maintain that position while counting out loud for 30 seconds.

Horizontal Gaze Nystagmus Test

The officer moves an object across the suspect’s entire field of vision, checking to see whether his eyes are tracking together and whether his pupils are the same size.

Walk and Turn Test

The suspect must walk nine steps in a straight line, heel to toe, then turn and take nine steps back while counting steps out loud.

Source: National Highway Transportation Safety Administration/Total DUI.com