When you are pulled over by a police officer, it’s important to understand your rights. The officer may ask you whether or not you have been drinking. If they suspect you are operating a vehicle while under the influence of drugs or alcohol, they may ask you to participate in field sobriety tests to determine whether you are intoxicated. Many people are unaware of whether field sobriety tests are mandatory. Please continue reading to learn if you are legally required to participate in these standardized tests and why connecting with a qualified Dallas DWI Lawyer is in your best interest. 

What is a Field Sobriety Test?

Field sobriety tests are administered by law enforcement. They are a series of physical and mental exercises that are used to determine if a driver is under the influence of drugs or alcohol. Through these standardized tests, the officer will look for several clues that indicate intoxication. Field sobriety tests are broken down into three categories:

  • Walk-and-Turn Test: The officer will ask you to walk in a straight line, heel-to-toe, for nine steps. Then you will be asked to turn around and walk back. The officer will look to see if you can keep your balance.
  • One-Leg Stand Test: The officer will ask you to stand on one leg with the other leg raised six inches off the ground. You will also be asked to count out loud by thousands until told to stop. If you can’t stand on one leg without support or this test is difficult to perform, it can indicate you have been drinking.
  • Horizontal Gaze Nystagmus Test: The officer will ask you to follow a moving object with your eyes. If your eye jerks at any point while following the object, it can indicate intoxication. If your eyes cannot follow the object smoothly or if your eyes move before the object does it can indicate intoxication.

Are These Tests Mandatory?

If you have been pulled over and the officer suspects you are intoxicated, they will likely ask you to step out of your vehicle and perform field sobriety tests. Understandably, it may be tempting to try and prove your sobriety by nailing these physical and mental exercises. However, this is not always a good idea.

Given the potential consequences of a DWI, you may be nervous, and one small stumble can be enough to charge you with a DWI. It’s important to understand that drivers are subject to implied consent laws, which require them to submit to chemical testing. Failure to comply with an officer’s request will result in the automatic suspension of driving privileges for six months.

Unlike chemical testing, field sobriety tests are not covered under these laws, meaning you don’t have to participate in them, even if the officer makes it sound mandatory. Keep in mind that reusing to participate can result in your arrest and a subsequent license suspension. However, the state will have less evidence to use against you.

As you can see these matters can be incredibly difficult to navigate. Therefore, it’s in your best interest to connect with an experienced attorney from Spangler Law. Our dedicated firm is committed to fighting for the best possible outcome for our clients. Connect with our legal team today to discuss these matters further.