Field Sobriety Test: Know Your Rights in Texas
A field sobriety test is one of the primary tools law enforcement uses during a DWI traffic stop in Texas. Understanding what these roadside exercises involve and knowing your rights can help protect you if you are ever pulled over. Attorney Michael Gonzalez explains what Brownsville drivers need to know about these roadside evaluations.
What Happens During a Field Sobriety Test
During a traffic stop, officers will typically ask you to perform three standardized exercises: the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand. These exercises are designed to detect impairment, but they are often unreliable due to factors like road conditions, weather, nervousness, or medical issues. The National Highway Traffic Safety Administration sets the standards for these tests, but even standardized procedures leave room for error.
Can You Refuse a Field Sobriety Test?
In Texas, you have the right to decline a field sobriety test. Unlike a breathalyzer after arrest, there is no legal penalty for refusing roadside exercises. Politely declining these tests can actually limit the evidence that prosecutors can use against you.
Challenging Your Test Results
Many drivers do not realize that field sobriety test results are not as scientific or accurate as prosecutors claim. Environmental factors such as uneven pavement, poor lighting, heavy traffic, and even the type of shoes you are wearing can affect your performance. Medical conditions like inner ear problems, back injuries, and anxiety can also produce false indicators of impairment. These weaknesses in the testing process give a skilled attorney multiple avenues to challenge the evidence.
If you submitted to testing and were arrested, an experienced defense attorney can challenge the results by questioning whether the officer administered the exercises correctly. Explore our practice areas or contact Michael Gonzalez to discuss your DWI case today.