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What should I do if I am asked to take a field sobriety test?

On Behalf of | Jan 8, 2024 | Criminal Defense

Driving under the influence of alcohol is a serious offense in Texas, and being asked to take a field sobriety test can be a nerve-wracking experience. It’s crucial to know your rights and understand how to navigate such situations to help ensure the best possible outcome.

Field sobriety tests are a series of exercises administered by law enforcement to determine a driver’s level of impairment due to drugs or alcohol. These tests are designed to assess cognitive functions, balance and coordination.

The purpose of field sobriety tests

Field sobriety tests are standardized protocols used by the police to assess a driver’s level of impairment. These tests aim to gauge a person’s physical and cognitive abilities, helping officers determine whether there’s probable cause to make a DUI arrest. Common field sobriety tests include:

  • Horizontal Gaze Nystagmus (HGN): This test involves tracking an object with your eyes to detect involuntary jerking, which can be indicative of alcohol impairment.
  • Walk and Turn (WAT): The Walk and Turn test assesses balance and the ability to follow instructions. Failure to perform the test as instructed may raise suspicions of impairment.
  • One-Leg Stand (OLS): During this test, you’ll be asked to stand on one leg for a specific duration, evaluating your balance and coordination.

Only refusing a chemical test post-arrest will result in temporary license suspension. Refusing a field sobriety test, by contrast, can prevent potentially self-incriminating evidence against you. Moreover, remaining silent is your right; you’re not obligated to answer potentially incriminating questions without an attorney present, even if you’re under arrest.

Strategies for navigating a field sobriety test

If you choose to take a field sobriety test at a DUI stop, maintaining composure is crucial. Pay close attention to the officer’s instructions and ask for clarification if needed. Also, perform each step of the test as instructed, maintaining focus and balance.

If you have a medical condition or other factors that may affect your performance, communicate this to the officer. Understanding your rights and limitations can be instrumental in protecting yourself during the testing process.

Remember, after the field sobriety test, you can assess the legality of the stop and the administration of the test. Drivers in Texas are also allowed to question the reliability of the field sobriety test and its impact on their case.

Being asked to take a field sobriety test can be a daunting experience, but exercising your rights and knowing how to navigate the situation is essential. Remember, you have the right to refuse the test, and seeking legal representation can significantly impact the outcome of your case if you’re charged with impaired driving as a result of a stop.

Ramos & Del Cueto, can provide experienced and dedicated assistance if you find yourself in need of help. Call 210-761-6004 or use the form below to contact our firm immediately.