You’re driving home after dinner with friends when flashing red and blue lights appear in your rearview. A police officer pulls you over and asks if you’ve had anything to drink. You respond honestly, admitting to one glass of wine. The next thing you know, the officer is asking you to step out of the car for a field sobriety test. In this situation, should you comply?
At True Law Firm, we understand how confusing DWI traffic stops can be. Our experienced San Antonio criminal defense attorneys are here to help you understand your legal rights and make informed decisions, especially when it comes to field sobriety tests. In this article, we break down what these tests are, how accurate they are, and whether refusing one is in your best interest.
What is a field sobriety test?
Field sobriety tests are physical coordination and mental focus exercises administered by law enforcement officers during traffic stops when they suspect a driver is impaired. These tests are administered to assess balance, attention, and the ability to follow instructions, skills that may be affected by alcohol or drug use.
In Texas, police typically use three standardized tests:
- Horizontal gaze nystagmus (HGN): Tracks involuntary eye movement.
- Walk-and-turn (WAT): Tests balance and coordination.
- One-leg stand (OLS): Measures your ability to maintain stability while standing on one foot.
While these tests may seem simple, many sober individuals, especially older adults or those with medical conditions, can fail due to factors unrelated to intoxication.
How accurate are field sobriety tests?
Although law enforcement and the National Highway Traffic Safety Administration (NHTSA) consider field sobriety tests useful, their reliability is far from perfect:
- HGN: 88% accuracy
- WAT: 79% accuracy
- OLS: 83% accuracy
Even under ideal conditions, these tests leave significant room for error. Stress, fatigue, road conditions, footwear, or nervousness can influence your performance. Simply put, these tests are not infallible and often do not paint a complete picture of sobriety or impairment.
Can you legally refuse a field sobriety test in Texas?
Yes, you can legally refuse to take a field sobriety test in Texas. Unlike chemical tests (like breath or blood tests), which fall under Texas’s implied consent law, field sobriety tests are voluntary. This means:
- You are not legally obligated to comply.
- Refusing one will not result in an automatic license suspension (unlike refusing a breath test).
- However, the officer may still arrest you based on other observations or evidence.
We often advise clients to politely decline field sobriety tests. These tests are subjective and can give officers additional grounds to justify an arrest, even when you are not impaired.
What happens if you refuse the test?
Refusing a field sobriety test does not mean you’re in the clear. Officers may:
- Arrest you based on other signs of intoxication (speech, smell of alcohol, erratic driving).
- Ask you to submit to a chemical test (breath, blood, or urine).
- Note your refusal in their report, which prosecutors may try to use as an indicator of guilt.
However, refusing may also prevent additional evidence from being used against you in court. Without field test footage or performance results, your defense attorney has fewer hurdles to challenge during prosecution.
The risks of agreeing to a field sobriety test
Even if you believe you can pass, taking a field sobriety test can be risky. These tests are subjective, and officers may already suspect you’re impaired before administering them. The way you walk, talk, or respond could be misinterpreted, even by trained professionals.
Common issues include:
- Failing due to medical conditions, such as vertigo, arthritis, or anxiety.
- Poor performance on uneven roads or in bad weather.
- Failing to understand instructions due to stress or language barriers.
These missteps can lead to unjustified charges. Drunk Driving Defense Attorneys at True Law Firm in San Antonio have successfully defended clients in cases where field sobriety tests were inaccurately administered or interpreted.
What about “no-refusal” weekends?
Texas frequently enforces “no-refusal weekends” during holidays or high-traffic events. On these weekends, police can quickly obtain a search warrant to conduct a mandatory blood test if you refuse chemical testing. However, this still does not mean you have to take a field sobriety test. You retain the right to refuse SFSTs, even during these high-enforcement periods.
Understanding the distinction between field sobriety tests and chemical testing is critical. Refusing SFSTs may limit the evidence used against you, whereas refusing a breath or blood test can trigger license suspension and further legal consequences.
What should you do during a DWI stop?
If you’re pulled over on suspicion of DWI, here’s what we recommend:
- Stay calm and polite: Avoid escalating the situation.
- Decline field sobriety tests: You’re not required to perform them.
- Do not admit to drinking: You have the right to remain silent.
- Request a lawyer: If arrested, don’t answer questions without legal counsel.
Know your rights and use them
Field sobriety tests can be misleading and problematic for even sober drivers. While refusing a test may not prevent arrest, it can help limit the evidence used against you. In most cases, refusing these tests is legally sound, especially if you’re confident in your sobriety.
At True Law Firm, we’re here to defend your future. If you’ve been charged with DWI after a traffic stop or failed a field sobriety test, contact us right away. The sooner we begin building your defense, the better your chances for a favorable outcome.
