Field sobriety tests are a common method Texas police officers use to identify and arrest suspected drunk drivers. These tests may include asking a driver to stand on one leg, walk heel-to-toe, or recite the alphabet. In theory, drivers who fail these tests show signs of impairment, giving the police probable cause for an arrest.
In practice, though, field sobriety tests are unscientific and unreliable. Sober drivers may fail a test because they’re nervous, have poor coordination, or are standing on uneven surfaces. Moreover, the police can still find ways to justify arresting a driver who passed field sobriety tests.
With all this in mind, should you refuse a field sobriety test? Yes, in most cases. There’s little these tests can do to help you, and a failed test will only hurt your legal case. Your better option is to refuse these tests and contact a Collin County DUI defense attorney. Your lawyer can protect your rights and help you deal with the consequences of a field sobriety test refusal.
What Is a Field Sobriety Test?
A field sobriety test is a group of physical and mental exercises police use to check for signs of impairment. The purpose of these tests is to help officers decide if there’s probable cause to arrest someone on suspicion of drunk driving. The idea is that alcohol or drugs affect drivers’ coordination, focus, and balance—skills they need to drive safely.
Officers are trained to look for specific clues during these tests, like drivers swaying or not following directions. These signs may suggest intoxication. However, many factors besides alcohol can cause poor performance on field sobriety tests. Still, police often rely on these tests to justify an arrest. While the tests aren’t perfect, they’re widely used during DWI investigations in Texas and across the country.
Common Types of Field Sobriety Tests
Field sobriety tests come in many forms, but some common examples include:
- Walk-and-Turn Test – The police ask the driver to take nine heel-to-toe steps in a straight line, turn, and walk back. They watch for drivers walking unsteadily, using their arms for support, or taking the wrong number of steps.
- One-Leg Stand Test – The driver must raise one foot six inches and count aloud for 30 seconds. Some signs of possible impairment include drivers swaying, hopping, putting their foot down, or having trouble following directions.
- Horizontal Gaze Nystagmus (HGN) Test – The officer moves an object from side to side in front of the driver’s face while watching the driver’s eyes. Jerking eye movements, an inability to track smoothly, or eye twitching before a 45-degree angle may signal impairment.
- Finger-to-Nose Test – The driver closes their eyes, tilts their head back, and touches their nose with each hand. Officers look for missed touches, poor coordination, or using the wrong hand when directed.
- Alphabet or Number Test – Finally, an officer may ask a driver to recite part of the alphabet or count backward. Possible signs of intoxication include slurred speech, skipped letters or numbers, or a general inability to complete the task.
What do these tests have in common? They’re highly subjective and have little basis in hard science. These factors are partly why many scientists view field sobriety tests as unreliable.
Are You Legally Required to Take a Field Sobriety Test?
You can refuse to take a field sobriety test without legal penalties. Given that a failed test will hurt your case and a positive one could still lead to an arrest, you’re usually better off refusing these tests. That does not mean there aren’t potential consequences for refusing field sobriety tests, though.
What Happens If You Refuse a Field Sobriety Test?
From a legal perspective, there are no direct penalties for refusing a field sobriety test. You won’t go to jail, have to pay a fine, or anything like that.
There could be indirect consequences for refusing field sobriety tests. The officer may become more suspicious and arrest you anyway.
After arresting you, the officer will take you to jail and may ask you to take a breath or blood test. If you refuse that chemical test, your driver’s license can be automatically suspended under Texas’s implied consent law. Also, the prosecution may argue that you refused the test because you knew you were intoxicated if your case goes to trial. This fact can make it harder to defend yourself in court.
Should You Refuse a Chemical Test After Your Arrest?
Unlike refusing field sobriety tests, refusing a post-arrest chemical test can lead to an automatic driver’s license suspension. Therefore, think about the potential consequences before refusing a post-arrest test. There are often other ways to beat a potential DUI charge without sacrificing your driving privileges.
What To Do If the Police Pull You Over on Suspicion of DUI
If the police stop you on suspicion of drunk driving, it’s crucial to avoid doing anything that could implicate you. Here’s what to do to protect yourself:
- Be polite and respectful – Avoid arguing or acting hostile. A calm attitude can help keep the situation from escalating.
- Keep your hands visible – Place your hands on the steering wheel so the officer can see them clearly. Don’t make any sudden movements.
- Provide your documents – Hand over your license, registration, and proof of insurance when the officer asks you for them.
- Limit what you say – You don’t have to answer questions like “Have you been drinking tonight?” You can politely decline to answer.
- Refuse field sobriety tests – Remember: These tests are voluntary in Texas, and refusing them won’t result in penalties.
- Refuse a roadside breath test – You can say no without consequences before you’re arrested.
- Don’t resist if arrested – Stay calm and comply with the officer if they take you into custody. Resisting arrest can lead to additional charges.
- Ask for an attorney – You have the right to legal counsel after an arrest. Ask to speak with a lawyer before answering any questions.
- Write down details later – As soon as possible, record everything you remember about the stop. Your notes may reveal that the police violated your rights, which can support your defense later.
Contact a Collin County DUI Defense Lawyer Now
Rosenthal Kalabus & Therrian has helped countless clients successfully contest Texas DUI charges, including in cases involving refused field sobriety tests. We’re available 24/7 to start your case and answer your questions. Call (972) 369-0577 now or complete our contact form for a confidential consultation.
