Facing field sobriety tests in Texas can be a nerve-wracking experience. If you’re pulled over and the police suspect you’ve been drinking, they might ask you to perform these tests. Understanding whether to comply or refuse is crucial.
Here’s what you need to know about whether or not you should agree to field sobriety tests in Texas.
What Are Field Sobriety Tests?
Field Sobriety Tests (FSTs) are a series of physical and cognitive exercises. Police use them to assess signs of impairment.
Common tests include:
● The Horizontal Gaze Nystagmus (HGN)
● The Walk-and-Turn
● The One-Leg Stand
Field sobriety tests measure your balance, coordination, and ability to follow instructions.
Are You Required to Take Field Sobriety Tests?
- In Texas, you are not legally required to take field sobriety tests. They are voluntary.
- Police officers might not inform you that they are voluntary because they use FSTs to gather evidence against you. Knowing that these tests are optional is important.
Why Might You Refuse the Tests?
- Many factors can affect the results of FSTs, such as medical conditions, nerves, or even the type of shoes you’re wearing.
- Weather conditions and uneven road surfaces can also impact your performance.
- Due to their subjective nature, even sober people can fail these tests.
- Refusing to take them means the police will have less evidence to use against you in court.
What Happens If You Refuse?
- Refusing FSTs can lead to other consequences. If you refuse, the officer may arrest you based on other evidence of intoxication, like your driving pattern or behavior during the stop.
- One thing to remember is that without the FST results, the prosecution may have a harder time proving DWI charges against you.
Should You Take a Breathalyzer Test?
- Unlike FSTs, the implications for refusing a breathalyzer test are different.
- Texas has an “implied consent” law. This means that if you drive in Texas, you’ve implicitly agreed to take chemical tests.
- Refusing a breathalyzer can lead to automatic penalties, such as a suspended driver’s license.
Consulting Sugar Land Defense Attorney
It’s advisable to politely refuse FSTs and request to speak with an attorney immediately if detained. A knowledgeable attorney can provide guidance tailored to your situation.
Deciding whether to submit to field sobriety tests in Texas depends on many factors. While you have the right to refuse these voluntary tests, it is important you also understand the consequences of your choices.
Consulting with a seasoned Texas attorney like Adam Capetillo can help protect your rights and guide you through the complexities of DWI laws in Texas.
For expert advice or if you’re facing DWI charges, don’t hesitate to contact Sugar Land criminal defense attorney Adam Capetillo at (346) 249-5544 for a consultation today.
Our team at Capetillo Law Firm is dedicated to providing the best defense and achieving a favorable outcome in your case
