When you are pulled over on suspicion of driving while intoxicated (DWI) in Texas, a police officer may ask you to perform a field sobriety test. As a motorist, it’s crucial to understand the legal protections afforded to you, particularly when it comes to submitting to these tests. Please continue reading as we explore the potential consequences of refusing a field sobriety test in Texas and how a determined Dallas DWI Lawyer can help protect your rights. 

What is a Field Sobriety Test?

Field sobriety tests play a vital role in DWI investigations and can be used to establish probable cause for an arrest. They are generally conducted roadside when a motorist is pulled over. Typically, they involve a series of tasks that are designed to evaluate different aspects of a driver’s impairment. The three field sobriety tests you can expect include:

  • The Horizontal Gaze Nystagmus: This test involves tracking a moving object. The officer will look for involuntary jerking of the eyeballs, as this can be exacerbated by alcohol or drug use.
  • The Walk-and-Turn: This test involves walking a specific distance in a heel-to-toe manner, turning, and then walking the same way back. The officer will look for clues, such as loss of balance, starting too early, stopping, or using your arms for balance.
  • One-Leg Stand: This test involves standing on one foot, raising the other foot off the ground, and counting aloud until instructed to stop. The officer will assess the driver’s ability to balance and follow instructions. They will look for signs of impairment, like swaying, using arms for balance, and putting the foot down.

While these standardized tests are typically administered to determine if a driver is impaired, they are not infallible and can be influenced by several factors other than intoxication.

Can I Refuse to Participate?

Texas’s implied consent laws, which relate to chemical testing, don’t apply to field sobriety tests. Refusing to participate in a field sobriety test is within your rights, as these tests are considered voluntary. You cannot be forced to participate, meaning you can politely decline. However, doing so can still have significant consequences.

Although refusal doesn’t trigger implied consent penalties, which include driver’s license suspension, it’s important to understand the potential repercussions of your refusal. In many cases, the officer will take this as an attempt to conceal your impairment. This can lead to increased scrutiny and an arrest that warrants chemical testing. The officer may use other evidence, like erratic driving, to establish probable cause. Additionally, your refusal can be used by the prosecution as evidence of guilt, but your attorney can challenge it.

For more information rgarding field sobriety testing in Texas, please don’t hesitate to contact an attorney from Spanger Law.