Is There Any Way Out of a Field Sobriety Test in Texas?

 Posted on February 25, 2025 in DWI / DUI

When someone is pulled over in Texas and the police suspect that he is driving under the influence of drugs or alcohol, they might ask the driver to take a field sobriety test. These tests are used to check for signs of intoxication, but you might be surprised to read that you could have valid reasons to refuse to take them. 

There are some important things to consider before deciding to refuse, for example, the grounds you would use for your refusal and the potential consequences you can face. A qualified Texas criminal defense lawyer can help you if you are facing legal challenges and unsure what to do.

How Do Field Sobriety Tests Work?

A field sobriety test (FST) is a series of tasks that test physical and mental capabilities. Police use these to determine if someone is impaired. There is no one set test that must be given, and police typically include any or all of the following:

One-Leg Stand Test

The driver must stand on one leg for 30 seconds, to check for balance. An impaired driver could have difficulty completing this task.

Walk-and-Turn Test

The driver must walk in a straight line, turn around, and walk back. This tests balance and coordination.

Horizontal Gaze Nystagmus Test

Similar to something that is often done when visiting the eye doctor, the driver must follow a moving object (can be a police officer’s hand, a pen, etc.) with his or her eyes. This checks to see if you can follow the object or if you present any jerking movements.

How Can You Refuse a Field Sobriety Test?

There are several reasons why someone might contest submitting to a field sobriety test. One main reason used is that they are not always accurate. Things like nerves, the weather, or medical conditions can affect them, and drivers might be concerned they will be falsely accused of driving impaired.

In Texas, field sobriety tests are voluntary, so it is legal for you to refuse to take them. While there are automatic penalties for refusing to submit to a breathalyzer or blood test, there are no such consequences for refusing a field sobriety test. However, that does not mean that if you refuse, that is where the story ends.

You might still be arrested if the officer thinks he has enough evidence to prove that you were driving under the influence without the field sobriety test. Your refusal can also be used against you, particularly in court if prosecutors claim your refusal was because you knew you were intoxicated and you did not want to have a failed test result. You can also be asked to take a chemical test, such as a breathalyzer or blood test, and for those, Texas’ implied consent law applies, meaning there are automatic penalties for refusing.

Contact a San Antonio, TX DUI Defense Lawyer

If you are accused of driving under the influence and are concerned about the potential consequences of refusing a field sobriety test, a qualified San Antonio, TX criminal defense attorney can offer you professional legal representation. At Law Offices of Sam H. Lock, we are dedicated to protecting our clients’ rights and will fight to ensure you get the best outcome for your case. Call us at 210-226-0965 to schedule a private consultation.