
A failed field sobriety test can become important evidence in a Louisiana DWI case, but it does not decide the case by itself.
The way the test was administered, the conditions at the roadside, the officer’s observations, and the rest of the evidence can all affect how much weight those results deserve.
That can be reassuring if you are facing a DWI charge after a difficult roadside encounter. A test that did not go well does not mean the evidence is beyond review or that a conviction is inevitable. The circumstances surrounding the test still matter, and a careful review can reveal problems that are not obvious from an arrest report alone.
The DWI Defense Center LLC brings 38 years of experience to Jefferson Parish cases, along with specialized training in the Standardized Field Sobriety Tests used by law enforcement. Our Field Sobriety Test attorney is a certified operator of these tests and understands the procedures officers are trained to follow, including the walk and turn, one leg stand, and horizontal gaze nystagmus tests.
That combination of courtroom experience and SFST training allows the defense to examine the roadside evidence closely and identify issues with the instructions, conditions, timing, observations, or scoring.
If you failed field sobriety tests in Jefferson Parish, contact us to discuss what happened and what the evidence means for your case.
| 38+ Years in Practice | NHTSA SFST Certified Operator | 1,000+ DWI Cases Defended | NCDD Member Since 1997 |
Louisiana officers are trained to use three standardized tests during a roadside stop, and each one has a specific procedure that has to be followed for the results to mean anything.
The walk and turn requires a person to follow specific instructions while taking a series of heel-to-toe steps, turning in a prescribed manner, and continuing back along the same line. An officer may record particular movements or mistakes as clues of impairment.
The one leg stand requires a person to balance on one foot while following the officer’s instructions. NHTSA training materials specify a 30-second testing period and identify particular clues that officers are trained to observe.
A person who is nervous, physically uncomfortable, placed on an unsuitable surface, or unclear about the instructions may have difficulty with the test for reasons that have nothing to do with alcohol impairment.
The horizontal gaze nystagmus test involves an officer observing the movement of the eyes as they follow a stimulus. It is one of the three tests included in the standardized battery.
The officer still has to follow the applicable procedure and accurately observe and record what occurred. A video can sometimes provide important context that is missing from a written arrest report.
A field sobriety test should not be evaluated only by looking at the number of clues written in an arrest report.
We review the available evidence to determine how the test was actually administered. That can include:
NHTSA’s SFST materials identify specific procedures and scoring criteria for the three standardized tests. That makes the details of the roadside encounter important when the prosecution relies on those tests as evidence of impairment.
Louisiana law makes operating a vehicle while impaired a criminal offense when a person is impaired by alcohol, has a blood alcohol concentration of 0.08 percent or more, or is impaired by drugs or a combination of alcohol and drugs. The statute provides separate sentencing provisions for first, second, third, and fourth or subsequent offenses.
The consequences can extend beyond the criminal sentence. A DWI conviction can affect your driving privileges, require an ignition interlock device in some circumstances, and create additional financial and personal consequences.
The stakes increase with prior convictions. Louisiana law treats a third conviction differently from a first or second conviction and authorizes seizure and sale of the vehicle involved in a third or subsequent offense, subject to statutory exceptions.
The specific consequences depend on the charge, prior record, BAC evidence, and circumstances of the case.
The court handling a Jefferson Parish DWI case depends in part on where the alleged offense occurred and the nature of the charge.
First Parish Court handles offenses occurring on the East Bank of Jefferson Parish, while Second Parish Court handles offenses occurring on the West Bank and Grand Isle. Both courts have jurisdiction over misdemeanors and traffic matters.
More serious charges may proceed in the 24th Judicial District Court in Gretna. The appropriate court matters because the procedures, potential penalties, and litigation strategy can differ from one case to another.
Attorney Troy G. Broussard has also served as an ad hoc judge in Jefferson Parish. That experience gives him a perspective on these cases that goes beyond reviewing police reports and discussing DWI defense from the defense table alone.
A blood alcohol reading of .26 is more than three times Louisiana’s legal limit, and most defense lawyers tell a client facing that number to plead out. Broussard took it to trial instead.
| Outcome | Case Type |
|---|---|
| Not Guilty at Jury Trial | Felony DWI, .26 BAC, Terrebonne Parish (Houma) |
That result is part of Mr. Broussard’s documented trial record, but every DWI case depends on its own evidence and circumstances. A prior result cannot predict the outcome of another case.
His experience includes more than 1,000 DWI cases across Louisiana, including cases in Jefferson, St. Tammany, and Terrebonne Parishes.
Yes. A failed field sobriety test is evidence, not a conviction. The defense can examine how the test was administered, the conditions at the scene, the officer’s scoring, and the other evidence in the case.
Louisiana’s implied consent law, La. R.S. 32:661, applies to the official breath, blood, or urine test given after an arrest, not to the roadside walk and turn, one leg stand, or eye test. Refusing the roadside tests can still lead to an arrest, but it is a different legal question than refusing the test after arrest, and the difference matters for your defense.
That video may be important evidence. We can compare what the recording shows with the officer’s report and the standardized procedures used to administer and score the tests.
That can be important to the defense. Balance problems, injuries, footwear, age, physical limitations, and roadside conditions may affect performance. Those circumstances should be considered when evaluating the test results.
There is no fixed timeline. A misdemeanor case in First or Second Parish Court may proceed differently from a felony case in the 24th Judicial District Court. Motions, evidentiary issues, negotiations, and trial preparation can also affect how long a case takes.
It can, depending on what the evidence shows. A challenge may identify problems with the administration, conditions, instructions, observations, or scoring of the tests. It may also affect how the prosecution evaluates the case before trial.
If your question is not answered here, contact The DWI Defense Center LLC to discuss your Jefferson Parish DWI case. A consultation can help you understand how the field sobriety tests, video, and other evidence may affect your defense and what steps to consider next.
The decisions made early in a DWI case can affect how the prosecution proceeds and how the defense is prepared.
Reviewing the arrest report, roadside video, chemical test results, and other evidence can help identify issues that may need to be addressed before your case moves forward.
The DWI Defense Center LLC has represented clients facing DWI charges in Louisiana for 38 years. That experience, combined with specialized training in Standardized Field Sobriety Tests, allows the firm to examine both the legal and technical issues surrounding a roadside arrest.
Contact The DWI Defense Center LLC to schedule a consultation about your Jefferson Parish DWI case. Bring your citation, arrest paperwork, or any available video or test results so we can begin evaluating the evidence and explain your options.
For more information or to schedule a free consultation with Mr. Broussard, please contact us 504 835-9491.