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 (FSTs) are physical examinations that law enforcement utilizes to gather evidence and create probable cause for a DWI 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 “Standardized Field Sobriety Tests”

The National Highway and Traffic Safety Administration (NHTSA) has three standardized tests that law enforcement across the country will utilize when administering these exercises.

  • 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.

Why These Tests Can Be Misleading

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. As such, a sober driver may seem impaired as a result of:

  • Anxiety
  • Poor lighting
  • Uneven pavement
  • Weather
  • Footwear
  • Pre-existing physical conditions or injuries
  • Medical conditions
  • Officer interpretation error

Are Field Sobriety Tests Mandatory in Texas?

No. In Texas, you are not legally required to participate in a field sobriety test.

Texas, like many states, has implied consent laws for drivers. However, these tests only apply to chemical testing, not roadside field sobriety tests.

Important Distinctions Between FSTs and Chemical Testing

Field sobriety tests:

  • Voluntary
  • Can be refused without license penalties or suspension

Chemical Testing:

Can I Refuse to Participate in Texas?

As field sobriety tests are not mandatory in Texas, you can politely refuse to participate by telling the officer you respectfully decline to perform any roadside sobriety tests.

However, you should avoid becoming hostile or combative. Saying phrases such as “I know my rights!” or “You can’t do that!” while true, can turn a situation from calm to aggressive.

What Happens If I Refuse Field Sobriety Testing in Dallas?

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.

Common Outcomes After Refusal

If you refuse to participate in field sobriety testing:

  • The officer may continue questioning you
  • The officer may look for other signs of driving under the influence, like odor or bloodshot eyes
  • The officer may ask you to submit to chemical testing
  • The officer may arrest you based on other observations

What Officers Use Instead of FSTs to Establish Probable Cause

In the event you don’t participate in a field sobriety test, officers may use the following as evidence to create probable cause for your arrest:

  • Traffic violations
  • Odor of alcohol
  • Bloodshot eyes
  • Open containers
  • Slurred speech
  • Fumbling documents

Can Refusal Be Held Against Me In Court?

In some instances, yes, refusing to participate in field sobriety testing can be held against you in Dallas criminal court. Prosecutors may argue that your refusal, though entirely within your rights, suggests consciousness of guilt.

However, working with an experienced criminal defense attorney can help you create an argument to counter these claims through:

  • Subjectivity
  • Alternate explanations
  • Officer bias
  • Environmental factors in Dallas, like wet weather or uneven pavement

Will Refusing a Field Sobriety Test Result in the Suspension of My License?

On its own, refusing to participate in a field sobriety test in Dallas County will not result in the suspension of your license. Generally, suspension is the result of refusal to participate in a chemical test.

When Suspension is a Risk

  • You are arrested for DWI, AND
  • You refuse a chemical test

Should I Refuse a Field Sobriety Test in Dallas?

Refusing a field sobriety test is not always a straightforward decision. It’s important to understand that these tests are not designed to prove that you are not intoxicated, but rather to help the officer build evidence to place you under arrest. As such, refusal will depend on your circumstances.

 Reasons People Refuse

  • Field sobriety tests are designed to generate probable cause
  • Small mistakes can be treated as evidence
  • Conditions can make the test harder than it looks
  • You may be sober but still “fail” due to nerves

Reasons Refusal Can Be Tricky

  • Refusal may increase the likelihood of arrest
  • Refusal may result in borderline-release opportunities
  • Refusal may be used as “consciousness of guilt” evidence in court

What Should I Do if I’m Asked to Take a Field Sobriety Test in Dallas?

If you are asked to take a field sobriety test in the Dallas-Fort Worth area, knowing how to proceed is critical.

Remain Calm and Keep Your Hands Visible

When you are pulled over, you should:

  • Turn on the interior lights
  • Turn off your engine and place the keys on the dashboard
  • Keep your hands on the steering wheel
  • Avoid making sudden movements

Provide Documentation

When requested by police, you must provide:

  • License
  • Vehicle registration
  • Proof of auto insurance

During this period, limit conversation with the officer and keep answers short. Do not provide extra details or information.

Don’t Guess when asked “How Many Drinks?”

If the officer asks you how many drinks you’ve had or whether or not you’ve been drinking, you should simply respond with a polite, “I prefer not to answer questions.”

If Asked to Perform Field Sobriety Tests

When an officer asks you to participate in FSTs, you generally have two options, and neither will guarantee that you will not be arrested.

  • Option A: Respectfully decline
    • “I respectfully decline to participate in field sobriety tests”
    • “I’m not comfortable doing a roadside test.”
  • Option B: Comply cautiously
    • First, ask if the tests are voluntary
    • Ask if you are being detained or if you are free to go
    • Follow instructions carefully if you proceed

If Arrested

In the event that you are placed under arrest, you should tell the officer, “I would like to speak to my attorney and will now invoke my right to remain silent.”

Contact a Dallas Criminal Defense Attorney

If you are arrested in Dallas or the surrounding area on suspicion of DUI, it’s imperative to contact an experienced criminal defense attorney as soon as possible. At Spangler Law, we understand the impact these charges can have on your life, which is why we will do everything in our power to help you fight for the best possible outcomes. When you need help, our firm is here. Contact us today to learn more.