Tyler Attorney Urges Scrutiny of DUI Procedures, Citing Test Inaccuracies
Tyler, Texas – A prominent local attorney is urging residents in Tyler and across Smith County to rigorously challenge police procedures during Driving Under the Influence (DUI) stops, emphasizing potential inaccuracies in common sobriety tests. John Eastland, a leading attorney at Eastland Law Group in Tyler, recently highlighted that both Field Sobriety Tests (FSTs) and breathalyzers are not as infallible as they may seem.
Eastland explained that Field Sobriety Tests are inherently subjective, making their results vulnerable to various external factors. He noted that environmental conditions such as bad weather or uneven ground, along with personal factors like footwear, nervousness, or pre-existing medical conditions, can significantly impair an individual's performance, regardless of their sobriety. He stressed that only three FSTs are standardized: the Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One-Leg Stand, cautioning that officers may not always administer these tests perfectly.
Breathalyzer devices also present potential challenges to accuracy, according to Eastland. He detailed how these instruments can suffer from calibration errors, or officers may make procedural mistakes during their use. Furthermore, certain medical conditions like acid reflux, or even specific dietary practices such as the ketogenic diet, can potentially skew breathalyzer results. Eastland underscored the critical importance of officers adhering to proper protocols, including observing a subject for a specific period—typically 15 to 20 minutes in Texas—before administering a breath sample. Failure to follow these mandated protocols, he asserted, can render the resulting evidence vulnerable to legal challenge.
Ultimately, Eastland's firm in Tyler advocates for a comprehensive defense strategy that involves scrutinizing every step taken by law enforcement, from the initial traffic stop through the administration of sobriety tests, to ensure that an individual's rights are fully protected.
