If you’re stopped by the police under suspicion of driving while intoxicated (DWI), you may wonder about your rights, especially when it comes to the Field Sobriety Test. Field sobriety tests are typically used by law enforcement officers to determine if a driver is under the influence of alcohol or drugs. These tests are often conducted on the side of the road, and they can be an important part of building the case for or against someone suspected of DWI.

In this blog, we’ll explain what a field sobriety test is, whether you can refuse it, the potential consequences of refusing it, and what you should do if you find yourself facing a DWI charge. Let’s break this down in simple terms, so even if you don’t have a legal background, you’ll understand your rights and options.

1. What is a Field Sobriety Test?

A field sobriety test is a series of physical and mental exercises that a police officer administers to determine if you are impaired by alcohol or drugs while driving. The officer is looking for standardized field sobriety test clues to decide if there’s enough evidence to arrest you for DWI. These tests are generally used as part of an officer’s investigation after pulling you over on suspicion of impaired driving.

The most common standardized field sobriety tests include:

• Horizontal Gaze Nystagmus (HGN): The officer asks you to follow a pen or a small light with your eyes to look for any signs of involuntary jerking of the eyes. If your eyes jerk at certain angles, it may indicate intoxication.
  
  
• Walk-and-Turn Test: You are asked to walk a straight line, take several steps, turn around, and walk back. The officer will be observing your balance, coordination, and ability to follow instructions.
  
  
• One-Leg Stand Test: You are asked to stand on one leg while the other leg is raised about 6 inches off the ground. This test assesses your ability to maintain balance and coordination.

While these tests can give the officer clues about your level of impairment, they are not perfect and can be influenced by other factors, such as nervousness or medical conditions.

2. Do You Have the Right to Refuse a Field Sobriety Test in TX?

Yes, you can refuse a field sobriety test in Texas. Unlike chemical tests, such as breathalyzer or blood tests, which are required by Texas law under the implied consent law, field sobriety tests are voluntary. This means that if a police officer asks you to perform a field sobriety test, you have the legal right to refuse.

However, it’s important to understand that even though you can refuse a field sobriety test, doing so may lead to some significant consequences. Let’s dive deeper into what happens if you refuse and why it’s important to think carefully before making that decision.

3. What Are the Negative Impacts of Refusing a Field Sobriety Test?

While refusing a field sobriety test in Texas may seem like the best option, it’s essential to be aware of the potential negative impacts:

Increased Suspicion from the Officer

One of the immediate consequences of refusing a field sobriety test is that the officer may become more suspicious that you are trying to hide something. The officer may interpret your refusal as an attempt to avoid providing evidence that could prove you are intoxicated. As a result, they may still arrest you for DWI based on other observations, such as:

• The odor of alcohol or drugs
• Slurred speech or unsteady movement
• Erratic driving patterns (e.g., swerving or failing to follow traffic laws)

The officer may also make a note of your refusal, which could be used against you in court to show that you were trying to avoid providing evidence of your impairment.

Increased Likelihood of Arrest

While refusing a field sobriety test won’t automatically lead to an arrest, it could make the officer more likely to arrest you. If the officer believes there are other indicators of impairment, such as the smell of alcohol or erratic driving, your refusal to take the test may lead to an arrest for Driving While Intoxicated (DWI). Once arrested, the officer will still ask you to take a chemical test (either a breathalyzer or blood test).

Negative Inference in Court

In court, a prosecutor could argue that your refusal to submit to a field sobriety test was a sign of consciousness of guilt. The prosecutor might try to convince the jury that your refusal means you knew you were intoxicated but didn’t want to provide evidence to support it. Even though a refusal isn’t admissible as direct evidence of intoxication, it can be used to suggest that you were attempting to avoid giving incriminating evidence.

4. What Does Implied Consent Mean?

Texas has a law called the implied consent law. This law requires that if you are arrested for DWI, you must submit to a chemical test (such as a breathalyzer or blood test). The law is called “implied consent” because when you obtain a driver’s license in Texas, you implicitly agree to submit to a chemical test if arrested for DWI.

While field sobriety tests are voluntary, refusing a chemical test after being arrested for DWI carries significant consequences. For example:

• Automatic License Suspension: If you refuse to submit to a breathalyzer or blood test after being arrested, your driver’s license will be automatically suspended for 180 days for a first offense, and the suspension period can increase with subsequent refusals.
  
  
• Evidence Used Against You: If you refuse a chemical test, the prosecution may argue in court that you refused to take the test because you were trying to hide your level of intoxication. Your refusal could be used as evidence against you in a DWI case.

So, while you can refuse a field sobriety test without direct legal penalties, refusing a breath analyzer or other chemical tests is much more serious and will lead to automatic penalties under Texas’s implied consent law.

5. What Should You Do If You’re Seeking DWI Defense, Including Refusing Field Sobriety Tests?

If you’re facing a potential DWI charge in Texas and have refused a field sobriety test, here’s what you should do:

1. Stay Calm and Be Polite

If you’re pulled over and asked to take a field sobriety test, it’s important to remain calm and respectful. If you choose to refuse, do so politely. Remember, your attitude during the encounter may be used against you in court. If you refuse a test, you don’t want to make the officer feel disrespected or provoke them into taking action that could hurt your case later.

2. Be Aware of the Consequences of Refusing

Refusing a field sobriety test may not lead to immediate penalties, but it could increase the chances of arrest. Before making your decision, it’s a good idea to weigh the pros and cons of refusing, especially considering the possible consequences of a chemical test refusal.

3. Consult with a DWI Defense Attorney

If you’ve been arrested for DWI in Texas, it’s crucial to consult with an experienced Fort Bend DWI lawyer as soon as possible. An experienced attorney can help you understand the specific facts of your case, evaluate the officer’s conduct, and determine whether any violations occurred during your arrest or testing. They can also help you explore the best defense options, whether it involves challenging the field sobriety tests, the chemical test results, or other aspects of the case.

4. Challenge the Field Sobriety Test Results

If you did take the field sobriety test, and you feel that the results were inaccurate or unfair, your attorney may be able to challenge the results in court. There are many factors that can affect the accuracy of these tests, such as medical conditions, weather conditions, and even the officer’s administration of the tests.

5. Consider Other Defenses

There are many ways to challenge a DWI charge, and it’s not always about refusing a test. Your attorney can explore other defense strategies, such as showing that there was no probable cause for the traffic stop, that your rights were violated during the arrest, or that the chemical test was improperly administered.

In Texas, you can refuse a field sobriety test, but it’s important to understand the possible consequences of doing so. While there are no direct penalties for refusing these voluntary tests, the police officer may still arrest you based on other observations, and your refusal could negatively impact your case in court.

Remember, if you’re arrested for DWI, you must submit to a chemical test under Texas’s implied consent law. Refusal to take the test can lead to significant penalties, such as license suspension and use of the refusal as evidence in court.

If you find yourself facing a DWI charge, including issues around field sobriety tests or chemical test refusals, it’s crucial to consult with our professional Fort Bend criminal defense lawyer. Lawrence Law Firm, PLLC is here to provide the right legal guidance. Call us today at (832) 356-4404 for a free consultation, and let us help you navigate your DWI case with confidence.