Facing a field sobriety test is an intimidating moment, and the outcome can have devastating consequences. If you’ve been asked to perform these tests, or if you’ve recently failed one, you are probably wondering what happens next. One of the most important steps you can take immediately is enlisting the help of our experienced Houston Criminal Defense Attorneys, who can help safeguard your interests and guide you through these difficult times.
What is a Field Sobriety Test?
In Texas, law enforcement officers have the authority to conduct field sobriety tests on motorists suspected of operating a vehicle while intoxicated. These evaluations are designed to determine if the driver’s essential abilities have been compromised. The officer will observe the driver for indicators of alcohol or drug impairment. These observations are then used to establish probable cause for an arrest and generate evidence that can be presented by the prosecution later on.
Roadside sobriety tests differ significantly from chemical tests (breath or blood). These assessments rely on physical tasks and direct observation. They don’t quantify a person’s blood alcohol concentration (BAC) or identify the presence of specific substances.
The following standardized methods are employed by law enforcement officers to evaluate an individual’s sobriety:
- Horizontal Gaze Nystagmus (HGN): The law enforcement officer observes the suspect’s eyes for uncontrolled jerking motions when tracking an object horizontally. This involuntary movement intensifies with alcohol consumption.
- Walk-and-Turn (WAT): This task requires the individual to execute nine steps in a straight line, placing the heel directly against the toe for each step, pivot, and then repeat the walk back, all while simultaneously adhering to verbal commands and counting their steps.
- One-Leg Stand (OLS): The suspect is directed to stand on a single foot, keeping the other foot elevated approximately six inches above the ground, and count aloud for thirty seconds.
These tasks are designed to gauge an individual’s motor skills and cognitive functioning. It should be noted that field sobriety tests are voluntary in Texas, meaning you have the right to refuse them without immediate legal penalties like the loss of your driving privileges. Nevertheless, refusing a field sobriety test can lead to an arrest if a law enforcement officer has probable cause, such as the smell of alcohol, slurred speech, or erratic driving.
What Happens If I Fail?
Failing a field sobriety test typically establishes probable cause for a DWI arrest. This leads to being taken into custody, transported, and being requested to submit to chemical testing. It’s crucial to bear in mind that your vehicle may be impounded, and you will face a license suspension.
While failing a field sobriety test often leads to a DWI arrest, it doesn’t mean you are guilty. The arrest is based on the officer’s judgment. At The Gonzalez Legal Group, we are prepared to challenge these subjective and unreliable tests. Connect with our firm today to schedule a consultation.