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© 2023 by Thornton Criminal Defense, PLLC. 

Atascosa County Criminal Defense Attorney

San Antonio Office:

111 Soledad, Suite 401

San Antonio, Texas 78205

Tel: 210-439-5627

Atascosa Office:

216 N Bryant St

Pleasanton, Texas 78064

FORMER CHIEF PROSECUTOR

PERSONALIZED ATTENTION TO YOUR CASE

NO HOURLY RATES, ALWAYS A FLAT FEE

CLIENT CENTERED APPROACH TO YOUR CASE

BOARD CERTIFIED IN CRIMINAL LAW 

OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW

WHY HIRE THORNTON CRIMINAL DEFENSE?

Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.

Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.

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Learn about the potential issues and limitations of Standardized Field Sobriety Tests (SFSTs) and non-standardized testing from San Antonio Criminal Defense Attorney Brad Thornton.

Field Sobriety Testing (SFSTs)

Less than .008% of lawyers are Board Certified in Criminal Law. Click below to find out what that means and why hiring a Board Certified attorney is the only was to make sure you are getting an lawyer with the experience to handle your case.

Former Vehicular Crimes Prosecutor

FORMER VEHICULAR CRIMES PROSECUTOR

As a ​member of the District Attorney's Vehicular Crimes Team, in the county with the most roadway fatalities in the State, Brad Thornton was regularly dispatched to the worst types of DWI cases involving serious bodily injury or death.  His years of experience and training on the most serious types of intoxication charges allows him to protect your rights!  When you are looking for a DWI Lawyer in San Antonio DWI attorney, Brad has the experience you need on your side. 

Standardized Field Sobriety Tests (SFSTs) and non-standardized testing are widely used by law enforcement officers to detect impairment caused by alcohol or drugs. While these tests are considered as a reliable tool to determine impairment, there are a number of issues associated with them that should not be overlooked. In this article, we will take a closer look at the problems and limitations of SFSTs and non-standardized testing. From reliability and validity, to administration and training, to admissibility in court, we will explore the potential issues that can impact the accuracy of these tests and the potential impact on a person's DUI/DWI case.


As a criminal defense attorney, San Antonio-based Brad Thornton, Board Certified in criminal law and a former chief prosecutor, will provide valuable insight on these issues and help you understand the legal implications of SFSTs and non-standardized testing.

Standardized Field Sobriety Testing (SFSTs)


Standardized Field Sobriety Tests (SFSTs) were developed in the 1970s by the National Highway Traffic Safety Administration (NHTSA) in partnership with the International Association of Chiefs of Police (IACP) and the National Sheriffs' Association (NSA).

 

The SFSTs were created as a way to standardize the field sobriety testing process and improve the ability of law enforcement officers to determine if a driver is impaired by alcohol or drugs. Prior to the development of the SFSTs, officers used a variety of different tests to make this determination, and there was no consistency in how the tests were administered or evaluated.

 

The Standardized Field Sobriety Tests (SFSTs) are a series of tests used by law enforcement officers to determine if a driver is impaired by alcohol or drugs. The SFST battery is made up of three tests: the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg-stand test.

 

The Horizontal Gaze Nystagmus (HGN) Test: This test is used to measure the involuntary jerking of the eye that occurs when a person is under the influence of alcohol. The officer will ask the driver to follow a small object, such as a pen or a flashlight, with their eyes as it is moved horizontally. The officer will look for three clues of impairment: if the eye cannot follow a moving object smoothly, if the eye jerks at a certain angle, and if there is a distinct jerking of the eye as it is held at maximum deviation.

 

The Walk-and-Turn Test: This test is used to measure a person's ability to divide their attention and follow instructions. The officer will ask the driver to take nine heel-to-toe steps in a straight line, turn around, and take nine heel-to-toe steps back. The officer will look for eight clues of impairment: if the driver loses balance during the instruction phase, if they start too soon, if they stop while walking, if they do not walk heel-to-toe, if they step off the line, if they use their arms to balance, if they turn improperly or if they take an incorrect number of steps.

 

The One-Leg-Stand Test: This test is also used to measure a person's ability to divide their attention and follow instructions. The officer will ask the driver to stand on one foot and raise the other foot six inches off the ground, keeping their arms at their sides. The officer will ask the driver to count out loud, one thousand one, one thousand two, etc. The officer will look for four clues of impairment: if the driver sways while balancing, if they use their arms to balance, if they hop or if they put their foot down.


Non-Standardized Field Sobriety Testing

 

In addition to the Standardized Field Sobriety Tests (SFSTs), law enforcement officers may use a variety of non-standardized tests to detect impairment caused by alcohol or drugs. These tests are not part of the official SFST battery and may not have been validated through research.

 

The Alphabet Test: This test is used to measure a person's ability to follow simple instructions and their cognitive function. The officer will ask the driver to recite the alphabet, either forwards or backwards, starting at a certain letter. The officer will look for slurred speech, an inability to complete the task, or an inability to start the task.

 

The Finger-to-Nose Test: This test is used to measure a person's motor skills and coordination. The officer will ask the driver to touch the tip of their nose with their index finger, with their eyes closed or open. The officer will look for an inability to touch the nose, or an inability to touch the nose accurately.

 

The Finger Count Test: This test is used to measure a person's cognitive function and ability to follow instructions. The officer will ask the driver to hold up a certain number of fingers and then count them. The officer will look for an inability to hold up the correct number of fingers, or an inability to count the fingers accurately.

 

The Rhomberg Balance Test: This test is used to measure a person's ability to balance and their sense of time. The officer will ask the driver to stand with their feet together, eyes closed, and head tilted back. The officer will ask the driver to estimate when 30 seconds have passed. The officer will look for an inability to maintain balance, or an inability to estimate the time accurately.

Issues and Defenses to Field Sobriety Testing


Standardized Field Sobriety Tests (SFSTs) and non-standardized tests are widely used by law enforcement officers to detect impairment caused by alcohol or drugs. However, there are a number of problems and issues associated with these tests that should be considered.

 

Reliability and Validity: SFSTs have been validated through research, however, they are not always accurate in determining impairment. Factors such as a person's age, weight, and physical condition can affect their performance on the tests, and even a sober person may have difficulty completing them correctly. Non-standardized tests may not have the same level of reliability and validity as the SFSTs and may not be considered as reliable as the SFSTs.

 

Administration and Training: In order for SFSTs and non-standardized tests to be reliable, they must be administered correctly. However, there have been instances where officers have not followed the proper procedures, which can lead to inaccurate results. Additionally, officers may not be properly trained in administering the SFSTs, which can also lead to errors.

 

Admissibility in Court: While SFSTs are widely used by law enforcement, they are not always admissible as evidence in court. The prosecution must be able to prove that the tests were administered correctly and that the results are reliable. This can be challenging, and the defense attorney may be able to argue that the SFSTs should not be considered as evidence. Non-standardized tests may also not be admissible in court as evidence.

 

Other Factors: Even if a person performs poorly on the SFSTs or non-standardized tests, it does not necessarily mean that they are impaired. Other factors, such as a person's driving pattern or their behavior, must also be taken into consideration.

 

It's important to note that these are general points and there are some nuances that can be argued in court, but as a criminal defense attorney, it's important to be aware of these potential issues and limitations when building a defense for a client accused of driving while intoxicated (DWI) based on SFSTs or non-standardized test results.

 

Board Certified Criminal Defense Attorney Brad Thornton


As a San Antonio Criminal Defense Attorney, Brad Thornton is an expert in SFSTs and other related areas of criminal law. He is Board Certified in criminal law, and has extensive experience as a chief prosecutor and leader on the vehicular crimes unit with the district attorney's office. He is also trained in Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Evaluation (DRE).

 

If you or a loved one has been arrested for driving while intoxicated (DWI), it is important to have an attorney who is familiar with SFSTs and can help you navigate the legal process. Attorney Brad Thornton has the knowledge and experience to provide you with the best possible defense.

 

If you have any questions or would like to schedule a free consultation, please don't hesitate to contact attorney Brad Thornton at 210-439-5627. He will be happy to provide you with the guidance and support you need.

HAVE YOU BEEN ARRESTED FOR DWI?

You may only have 15 days until you Driver's License is suspended

If you have been arrested for DWI, your license may be in jeopardy. In certain circumstances, you have just 15 days to request an administrative hearing with DPS to save your license. These hearings are highly technical and you need an experience attorney to request a hearing right away and begin the process to save your license. 

.008%

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100%

Percent of career spent practicing criminal law

100+

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Daryl M.

Elmendorf, Texas

If you need a criminal lawyer, Brad Thornton is an excellent choice. He is intelligent, trustworthy, and highly professional, with an amazing understanding of the law.

 

Choosing the right lawyer can shape the rest of your life, so make sure to make the right decision and choose Brad Thornton.

Brian F. 

San Antonio, Texas

I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation.

Stephanie S.

San Antonio, Texas

We recently faced a stressful family matter and turned to Brad for legal guidance. He was extremely compassionate and helped us understand our options and the legal process in an easy-to-follow way. We are thrilled with the outcome of our case and are grateful to Brad for his help. Thank you!

Garry T.

San Antonio, Texas

I cannot emphasize enough how understanding and compassionate Brad Thornton was during a difficult situation. He helped us navigate the legal aspects of our case and provided us with a clear understanding of our options. I highly recommend Brad Thornton for anyone in need of legal representation.

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