Field sobriety tests are commonly used by law enforcement to determine if a driver is under the influence of alcohol or drugs. These tests can have significant consequences for your case, so it’s crucial to fully understand them!

Key Takeaways:

• Field sobriety tests are often used to assess impairment in drivers suspected of driving under the influence.
  

• There are three standardized field sobriety tests, each designed to measure different aspects of a person’s coordination and judgment.
  

• If you’re facing a DUI or DWI charge in Texas, it’s essential to understand how field sobriety tests work and how they can impact your defense strategy.

If you've been pulled over by law enforcement in Texas for suspected driving under the influence (DUI) or driving while intoxicated (DWI), you might have been asked to perform a field sobriety test. These tests are physical and mental exercises used to assess whether a driver is impaired by alcohol or drugs.

However, it's important to understand that failing or performing poorly on a field sobriety test doesn't automatically mean you're guilty of driving under the influence.

At BRCK Criminal Defense Attorneys, our goal is to help you understand the field sobriety tests, your rights, and how to navigate the legal process, which is why we have created this blog. Read on to discover more about field sobriety tests and how to navigate them in the event you are pulled over.

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are physical and mental exercises used by law enforcement officers to assess whether a driver is under the influence of alcohol or drugs. These tests are usually conducted during a traffic stop if an officer suspects that a driver has been drinking or using drugs.

While these tests are used to provide evidence of impairment, it’s important to know that they are not always accurate. There are many factors that can affect a person’s ability to perform the tests, such as medical conditions, fatigue, nervousness, and even the road conditions.

In Texas, like many other states, law enforcement may use field sobriety tests in combination with other methods, such as breathalyzer tests or blood tests, to determine a person’s blood alcohol concentration (BAC). However, it’s essential to understand that field sobriety tests are not always foolproof and can be contested in court.

The Three Standardized Field Sobriety Tests

There are three main types of standardized field sobriety tests that officers in Texas often use. These tests are standardized because they have been scientifically validated to accurately assess impairment in most drivers. They include:

1. The Horizontal Gaze Nystagmus (HGN) Test
   This test is designed to evaluate the smoothness of your eye movements. During the HGN test, the officer will ask you to follow a small object (usually a pen or flashlight) with your eyes as the officer moves it from side to side. The officer is looking for involuntary jerking movements of the eye, called “nystagmus,” which can be a sign of alcohol impairment.
   
   While this test is often used, it’s important to note that certain medical conditions, such as neurological disorders, or even tiredness, can cause similar eye movements, leading to inaccurate results.
   
   
2. The Walk-and-Turn Test
   This test evaluates your balance, coordination, and ability to follow instructions. The officer will ask you to walk in a straight line, heel-to-toe, for a set number of steps, turn around, and walk back. The officer is looking for signs of imbalance, failure to follow instructions, or any inability to perform the task as instructed.
   
   This test may not be accurate for people with physical disabilities, older adults, or those who are nervous or stressed, which can also lead to failure of the test.
   
   
3. The One-Leg Stand Test
   In this test, you will be asked to stand on one leg while counting to 30. The officer is looking for any signs of instability or difficulty maintaining balance. Signs such as swaying, hopping, or putting your foot down can be indicators of impairment.
   This test can also be problematic, as factors like anxiety, poor balance, or even flat shoes can impact the results.

What Happens If You Fail a Field Sobriety Test?

If you fail one or more field sobriety tests, law enforcement officers may arrest you for driving while intoxicated (DWI) or driving under the influence (DUI). In Texas, failing the field sobriety tests may lead to further testing, such as a breathalyzer or blood test, to determine your BAC.

However, failing a field sobriety test doesn’t automatically mean you are guilty of a DWI. Many factors can affect the results of these tests, and an arrest based on these tests alone does not guarantee a conviction. An experienced criminal defense lawyer can challenge the results of the field sobriety tests by pointing out weaknesses in how the officer conducts the tests, your physical condition, or other mitigating factors.

Can You Refuse a Field Sobriety Test in Texas?

In Texas, you have the right to refuse field sobriety tests. However, refusing the tests may raise suspicions and lead to your arrest. Additionally, it may not necessarily prevent you from being charged with a DWI. While you are not legally required to perform field sobriety tests, refusal can have consequences.

Refusing a breathalyzer or blood test, however, can result in automatic administrative penalties, such as the suspension of your driver’s license, under Texas’s implied consent law. Therefore, it’s important to understand the potential consequences of refusing or failing these tests and make an informed decision.

Why Field Sobriety Tests Can Be Unreliable

While field sobriety tests are commonly used, they are not always reliable indicators of impairment. Several factors can affect your performance on these tests, even if you are not under the influence of alcohol or drugs. These factors include:

• Medical conditions: Certain medical conditions, such as neurological disorders, inner ear problems, or eye conditions, can affect your ability to perform field sobriety tests.
  
• Fatigue or stress: Being tired, anxious, or stressed can impair your motor skills and judgment, making it more difficult to pass the tests.
  
• Physical limitations: People with physical disabilities, injuries, or limited mobility may not perform well on the walk-and-turn or one-leg stand tests, even if they are sober.
  
• Environmental factors: Poor road conditions, weather, or uneven surfaces can also affect your performance on these tests.

It’s important to note that these factors can be used to challenge the results of a field sobriety test in court.

How Can a Criminal Defense Attorney Help?

If you’ve been charged with a DWI or DUI based on the results of a field sobriety test, an experienced criminal defense attorney can help you navigate the legal process. Your attorney will carefully review the circumstances of your arrest, including the administration of the field sobriety tests, and look for any weaknesses or inconsistencies.

Some ways an attorney can help include:

• Challenging the accuracy of the tests: If the officer did not administer the tests properly or if there were errors in the procedure, your attorney can use this to challenge the results.
  
• Highlighting medical or physical factors: If you have a medical condition that could have affected your performance, your attorney can bring this up to undermine the prosecution’s case.
  
• Disputing the officer’s observations: Your lawyer can argue that the officer misinterpreted your behavior or misjudged your physical capabilities, leading to an unfair assessment.

Contact BRCK Criminal Defense Attorneys for a Free Consultation

Field sobriety tests are just one piece of the puzzle in a DWI or DUI case. If you’ve been arrested and are facing charges based on these tests, you need an experienced criminal defense attorney to protect your rights. At BRCK Criminal Defense Attorneys, we are dedicated to helping you understand your options and build a strong defense. Reach out to schedule a free, no-obligation consultation today and let us help you navigate the legal process with confidence.

‍