Getting pulled over for suspicion of DUI is stressful. One of the first things an officer may ask you to do is take a field sobriety test. But should you agree to a field sobriety test in Texas?
Many people aren’t sure of their rights during a DUI stop and how field sobriety tests could affect their case. In this blog post, we will take a look at field sobriety tests and whether you should agree to take one during a DUI/DWI stop.
What Are Field Sobriety Tests?
Field sobriety tests (FSTs) are physical tasks law enforcement officers use to check if a driver is impaired. The tasks require hand and eye coordination to be carried out successfully.
The most common ones include:
- The Walk and Turn: The officer asks you to walk heel-to-toe in a straight line, then turn around and return the same way.
- The One-Leg Stand: You must balance on one leg for about 30 seconds.
- The Horizontal Gaze Nystagmus (HGN): The officer asks you to follow a moving object, like a pen or finger, with your eyes.
These tests are designed to spot signs of impairment, but they aren’t foolproof. Many factors, such as nerves, medical conditions, or even uneven road surfaces, can impact your performance and lead the officer to believe you are under the influence.
Are You Required to Take a Field Sobriety Test?
In most states, including Texas, you are not legally required to take a field sobriety test. These tests are voluntary. However, the officer may not tell you this, but you have the right to politely refuse.
It’s important to understand that these tests are often subjective. Officers may interpret any small misstep as a sign of impairment, even if you’re sober.
What Happens If You Refuse a Field Sobriety Test?
If you refuse a field sobriety test, the officer will still be looking for other signs of impairment, like slurred speech, the smell of alcohol, or bloodshot eyes.
In some situations, the officer may also ask you to take a breathalyzer test, which is different from a field sobriety test. Refusing a breathalyzer can have legal consequences, such as an automatic license suspension.
However, refusing a field sobriety test may give your attorney more options to challenge your case later on. Without the results of the test, there’s less evidence to use against you in court. This doesn’t mean you’ll avoid arrest, but it could weaken the prosecution’s case.
Why You Might Want to Decline
There are good reasons to consider declining a field sobriety test:
Inaccuracy of the Test
Field sobriety tests are not always accurate indicators of intoxication. Many people fail these tests for reasons unrelated to alcohol, like nervousness, poor coordination, or underlying health issues.
Subjectivity
An officer’s judgment may be biased. Even if you do well on the test, they could still claim you showed signs of impairment.
Evidence Against You
Anything you do or say during the test can be used against you in court. A poor performance, even if you’re sober, could lead to a DUI arrest.
Know Your Rights During a DUI Stop
During a DUI/DWI stop, you have rights. You can choose to politely decline a field sobriety test. If you refuse, remain calm and respectful. The officer may still arrest you if they believe you are intoxicated, but refusing the test could give your attorney more options to fight the charges.
You also have the right to legal representation. If you are arrested for DUI, contact the Capetillo Law Firm to evaluate your case, review the circumstances of the stop, and work to protect your rights.
Contact Capetillo Law Firm for Legal Assistance
Field sobriety tests may seem intimidating, but remember—you have the right to refuse them. These tests can be unreliable, and agreeing to take one could hurt your case. If you are facing DUI charges, don’t try to handle it alone.
Contact Capetillo Law Firm for skilled legal representation and guidance. We’ll help you understand your field sobriety test rights and work to defend you against DUI charges.