You’re driving home through Burleson, Midlothian, or anywhere else in North Texas. Red and blue lights flash in your rearview mirror. The officer walks up, smells alcohol, and asks you to step out of the car. In that moment, almost everyone wonders the same thing. Can you refuse a field sobriety test in Texas, or do you have to do whatever the officer says?
You can refuse, and many people should. Field sobriety tests are voluntary in Texas, and the officer is not allowed to force you to perform them. It is normal to feel pressured or confused during a traffic stop, especially when an officer makes the request sound like a command. At McCarty-Larson, PLLC, we understand exactly why these stops feel so disorienting. Robin McCarty served as a police officer and as a prosecutor before joining our firm, so we know how these tests are designed, how officers use them, and how to push back when they are used against you. Our team helps clients across Ellis County, Johnson County, Tarrant County, and Dallas County who were arrested after a roadside stop.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
Why Field Sobriety Tests Are Voluntary in Texas
Texas law does not require you to perform field sobriety tests. There is no statute that forces them on you, and there is no penalty written into the law for refusing. The tests exist to give officers extra evidence to support a DWI arrest. Performing them is your choice, not your obligation.
The three tests Texas officers use are called Standardized Field Sobriety Tests, or SFSTs. They were developed by the National Highway Traffic Safety Administration and include the following.
- Horizontal Gaze Nystagmus (HGN). The officer moves a pen or light back and forth in front of your eyes while watching for involuntary jerking.
- Walk-and-Turn. The officer asks you to take nine heel-to-toe steps, turn in a specific way, and walk nine steps back.
- One-Leg Stand. The officer asks you to lift one foot off the ground and count out loud until told to stop.
These tests sound simple but they are not. Sober people fail them regularly. Uneven pavement, flashing lights, a bad knee, anxiety, age, certain medications, and the officer’s own scoring all affect the outcome. The results also depend almost entirely on the officer’s judgment, which is exactly why competent DWI attorneys spend so much time challenging them in court.
When You Cannot Refuse a Field Sobriety Test
There are a few narrow exceptions where refusal is not an option. Most drivers will never run into these, but you should know they exist.
- If you are on probation. Some Texas probation orders include a condition requiring you to submit to any sobriety testing requested by law enforcement. Refusing in that case can violate your probation.
- Commercial driver’s license (CDL) holders. Federal regulations on CDL holders are stricter than the rules for regular drivers. Refusal can put your commercial license at serious risk.
- Drivers under 21. Texas has a zero-tolerance policy for any detectable alcohol in drivers under 21. The rules and consequences for refusal in those cases differ from the standard adult DWI process.
If any of these apply to you, talk to a DWI attorney before deciding how to handle a stop. The general rule still favors refusal for most drivers, but the path forward is different when these conditions come into play.
What to Say If You Want to Refuse
Most articles on this topic say “politely refuse” without telling you what that actually sounds like. Here is the exact language to use.
“Officer, I am not going to perform any field sobriety tests.”
That is all you need to say. Do not argue, do not explain, and do not apologize. Tone matters because everything is being recorded on the officer’s body camera and dash camera. Stay calm and respectful. If the officer pushes back or tries to talk you into the tests, simply repeat the same sentence. You are not legally required to give a reason.
Avoid the common mistake of trying to talk your way out of the stop. Officers are trained to draw out admissions, and friendly conversation almost always works against you. Keep your answers short and stick to the basics: your name, your license, your insurance, and nothing more.
What Happens After You Refuse a Field Sobriety Test in Texas
Refusing a field sobriety test does not end the stop. The officer can still arrest you based on other observations like the smell of alcohol, slurred speech, bloodshot eyes, or your driving pattern before the stop. In most situations, the officer will go ahead and arrest you for DWI even after refusal.
However, refusing the tests denies the officer extra evidence that prosecutors love to play in front of juries. A grainy roadside video of someone struggling to balance on one foot is powerful, even when the person was completely sober. Refusing the tests means that video does not exist.
After arrest, the officer will likely ask you to take a breath or blood test. Those tests are governed by a different rule called Texas implied consent. Refusing a breath or blood test after a lawful DWI arrest triggers an automatic 180-day license suspension on a first refusal and a two-year suspension if you have prior DWI-related contacts. That is very different from field sobriety test refusal, which carries no automatic license consequence.
You have only 15 days from the date of arrest to request an Administrative License Revocation hearing and protect your driving privileges. Missing that 15-day window means automatic suspension. Our Texas DWI lawyers handle ALR hearings and the criminal case in parallel for clients across Ellis, Johnson, Tarrant, and Dallas counties.
Watch Out for No-Refusal Weekends
Texas counties run no-refusal periods during major holidays. During these weekends, judges are on standby to sign blood draw warrants in minutes. If you refuse a breath test on a no-refusal weekend, officers can quickly get a warrant for a forced blood draw. That rule applies to chemical tests only. You can still refuse field sobriety tests even on a no-refusal weekend.
How McCarty-Larson Can Help
A DWI arrest does not have to define your future. The team at McCarty-Larson, PLLC has the perspective to walk you through what happens next, whether you refused the tests, took them, or are facing both criminal charges and an ALR suspension. Robin McCarty’s background on both sides of the courtroom gives our Texas criminal defense lawyers an insider view that few other defense teams in Texas can match.
- We challenge the legality of the traffic stop itself
- We review body camera and dash camera video for officer errors
- We file motions to suppress evidence obtained through unlawful procedure
- We represent clients at ALR hearings to protect driving privileges
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
- We offer free, confidential consultations to talk through what happened
A DWI stop is one of those moments where a single decision can shape the next several years of your life. Whether you refused the tests, took them, or are still trying to figure out what to do next, do not face it alone. Reach out to McCarty-Larson, PLLC for a free, confidential consultation through our contact page. Whether you are in Burleson, Midlothian, Arlington, or anywhere else in our service area, our Texas DWI attorneys are ready to stand by you every step of the way.
Frequently Asked Questions
Probably yes. Refusing the tests does not stop the officer from arresting you based on other observations like the smell of alcohol or slurred speech. However, refusing limits the evidence prosecutors can use against you later.
Prosecutors sometimes argue that refusal shows “consciousness of guilt.” A skilled defense attorney can challenge that argument and explain to a jury that refusal is a legal right protected under Texas law.
No. Field sobriety tests are voluntary and refusal carries no automatic license penalty. Refusing a breath or blood test after arrest triggers an automatic license suspension under Texas implied consent law.
Stay calm and say, “Officer, I am not going to perform any field sobriety tests.” Repeat the same sentence if needed. Do not argue, explain, or apologize.
Yes. No-refusal weekends apply only to breath and blood tests. You can still refuse field sobriety tests during these periods.
In most situations, yes. Refusing the tests denies the officer subjective video evidence that prosecutors rely on heavily. A DWI attorney can use that to your advantage when challenging the case.