Field sobriety tests are regularly used by officers when they suspect someone of driving while intoxicated (DWI). These tests are administered on the side of the road, in a parking lot, or wherever the traffic stop occurs, making for less-than-ideal conditions.
Whether or not you’ve recently been pulled over under the suspicion of drunk driving, you may have questions about what these tests are or what rights you have if you’re ever in this situation.
What Are Field Sobriety Tests?
They are intended to test balance, coordination, and alertness, which are skills generally weakened after drinking alcohol or using drugs. For example, a driver may be asked to stand on foot, follow the officer’s flashlight with their gaze, or walk in a straight line. Any stumbling, distractedness, or wandering of the eyes can cause the officer’s suspicions to be confirmed.
How Accurate Are Field Sobriety Tests?
There are some major red flags for the efficacy of field sobriety tests. First, they are incredibly subjective. Whether or not someone behaves as though they are under the influence of drugs or alcohol is entirely at the officer’s discretion. There are also other reasons someone may not be able to perform tasks like walking in a straight line or standing on one foot. Balance and coordination issues are not exclusive to drunkenness or any other type of inebriation. Nerves, medical conditions, age, and physical surroundings can lead to difficulties performing such tasks.
Do I Have to Agree to a Field Sobriety Test?
Because your behavior during a traffic stop will weigh heavily in any potential court case, this matter should be handled carefully. Field sobriety tests, and your ultimate decision to participate or not, can be a double-edged sword for many drivers. You can refuse; Texas law does not require you to undergo these tests. However, that choice comes with its own set of consequences. Our DWI lawyer can answer any questions you have about the risks or benefits of this decision.
What Happens if I Decline to Participate?
There is a high likelihood that refusing to participate in field sobriety tests will result in your arrest. They are completely voluntary, but police officers usually take a refusal to perform them as a sign of guilt. You should also expect a breathalyzer to be in your future if the officer has a reasonable suspicion you’ve been drinking.
Can I Refuse a Breathalyzer?
In short, Texas implied consent laws state that by driving a vehicle in public, you are consenting to an alcohol test if an officer suspects you’re driving while intoxicated. You can’t be physically forced to submit to a breathalyzer, but refusal will result in administrative penalties added to any potential charges for drunk driving. You will most likely have your driver’s license revoked and be required to attend an Administrative License Revocation hearing to request your license be reinstated.
The Fox Firm knows that being asked to perform a field sobriety test can seem like a lose-lose situation, and we will fight for the best possible outcome in your case. Even if you have been charged with a DWI, it may be possible to get your DWI conviction sealed. Contact us to schedule a consultation.