What Should I Do if I’m Asked to Take a Field Sobriety Test?

A man and a woman in uniform stand facing each other outdoors near a building. The woman gestures with her hand as if instructing on a field sobriety test, and they appear to be engaged in conversation.

When you’re pulled over by a police officer, the last thing you want to hear is them ask whether or not you’ve been drinking. When an officer suspects you are under the influence of alcohol, the interaction can become all the more tense as one wrong answer can land you in handcuffs. As such, it’s important to navigate these conversations carefully. Many are unaware of whether or not they can refuse to take a field sobriety test. It’s necessary to familiarize yourself with these tests and what to say if asked to participate. The following blog explores these tests in further detail and you’ll learn why it’s critical to connect with Houston DWI defense attorneys who can guide you through these complex matters.

What Is a Field Sobriety Test?

A field sobriety test is administered by police officers to motorists who appear to be under the influence of alcohol. The test will allow the officer to look for signs of intoxication.

These tests consist of the Horizontal Gaze Nystagmus (HGN), in which an officer will ask you to follow an object with your eyes, checking to see if your eyes are involuntarily twitching. The next is the infamous “walk and turn” in which you will be directed to take a series of steps before turning around and walking back. The officer will look to see if you can follow these directions and whether or not you have trouble balancing. Finally, you may be asked to stand on one leg for 30 seconds, with the officer again looking for balance issues and if you follow directions.

Unfortunately, there are many flaws in this test. First and foremost, they are subjective to the police officer, as they may misinterpret your result. Additionally, if an officer does not know how to administer the test properly, it can result in you appearing as though you are under the influence even when you’re not.

Do I Legally Have to Participate?

Though the officer may tell you to perform the field sobriety test, you legally do not have to participate. Under the implied consent laws in Texas, if you refuse to take a breathalyzer or other chemical testing, you will automatically lose your license for six months. However, field sobriety tests are not covered under these laws. It is important to note that if you are asked to exit the vehicle, you must comply with this request, but you are not legally obligated to take the test, even if the officer makes it sound mandatory.

You should know that refusal to take the test will likely result in your arrest and a subsequent license suspension, but now there is less evidence for the state to use against you. When you take the test you may be nervous, and one small stumble from the anxiety of the situation can be enough to convict you of a DWI. However, if the officer does not have this additional evidence, it can be harder to prove intoxication.

These matters can be incredibly complicated, which is why it’s in your best interest to connect with an experienced criminal defense attorney from the Gonzalez Law Group. Our dedicated legal team understands how complicated these matters are, which is why our firm will work with you to help fight for the best possible outcome for you. Reach out to our team today to discuss these matters further.