Getting pulled over when an officer thinks you might be drunk is incredibly stressful. And because it’s hard to think straight in high-stress situations, it’s easy to forget your rights and make wrong decisions.
For example, many drivers don’t realize they have options when asked to perform roadside tests. These field sobriety tests help officers decide if they should arrest and charge you for DWI.
Your legal rights during traffic stops
When a police officer pulls you over in Texas, you maintain important constitutional rights throughout the stop. You can legally refuse to perform any roadside sobriety test. Officers should not force you to do them, though they rarely mention this fact.
Field sobriety tests are often subjective, relying on the officer’s opinion, which can work against you. Additionally, other factors like uneven roads, the bright police lights and your anxiety over the situation can affect roadside tests.
Mandatory vs. optional testing in Texas
Field sobriety tests remain voluntary under Texas law as they do not fall under the state’s implied consent laws. These tests include:
- Walk-and-turn test
- One-leg stand test
- Horizontal gaze nystagmus (eye) test
However, chemical tests like breath or blood alcohol tests requested after an arrest fall under Texas implied consent laws. Refusing these tests after arrest means automatic license suspension for 180 days, even without a conviction for DWI.
What happens if you refuse roadside tests?
Refusing field sobriety tests has both advantages and disadvantages for your case. Your refusal gives the police less evidence to use against you. However, it can also make them more suspicious of you.
Despite refusing, it may still prompt the officer to arrest you anyway based on other observations. These include the smell of alcohol or slurred speech. The officer might also request a breath or blood test after arrest, which is generally non-negotiable.
Making informed decisions about your rights
Your choice to refuse or take field sobriety tests may significantly affect a DWI case. Refusing field tests limits evidence against you but may still lead to an arrest and greater suspicion.
What matters most is knowing your rights before a stop happens. Each situation is different, and what you decide during those important moments can affect your family, career and freedom for years.