When someone in Texas is pulled over by a police officer because the officer thinks they may be driving while intoxicated, things can get serious quickly. The officer will talk to the driver, ask questions, and pay close attention to how the person speaks, moves, and smells. If the officer thinks the driver may be under the influence of alcohol or drugs, the next step is often something called a field sobriety test.
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Understanding Field Sobriety Tests
Field sobriety tests are physical tasks the officer asks the driver to do right on the side of the road. These tasks are supposed to help the officer figure out if the driver is too impaired to drive safely. They are simple but can be tricky, especially if someone is nervous or has a medical condition.
The most common field sobriety tests used in Texas are part of a group called the Standardized Field Sobriety Tests. These include the Horizontal Gaze Nystagmus test, where the officer asks the driver to follow a moving object with their eyes, the Walk-and-Turn test, which involves walking heel-to-toe in a straight line, turning, and walking back, and the One-Leg Stand, where the driver is told to stand on one foot while counting out loud.
Why Officers Use These Tests
Officers use these tests to gather clues about whether someone is impaired. The idea is that alcohol or drugs can affect balance, coordination, and attention. If a person has a hard time doing these tasks correctly, the officer may decide there is enough reason to arrest them for DWI. However, these tests are not perfect. Many people can have trouble with them even when they are not drunk, and sometimes the officer may not give the test correctly.
Problems With Field Sobriety Tests
One big problem with field sobriety tests is that they are not always fair for everyone. Someone who is older, tired, overweight, or has a health issue may not be able to balance or walk straight, even if they have not had anything to drink. Also, nervousness can make it hard to follow directions. If the ground is uneven, it is dark, or cars are rushing by, that can also make the tests harder to do.
Another issue is that the tests depend a lot on the officer’s judgment. That means the officer has to decide what counts as passing or failing. If the officer is already sure the driver is drunk, they might see the test results in a way that supports their belief, even if the driver did okay.
What Happens if You Refuse to Take the Tests
In Texas, you are not legally required to take the field sobriety tests if an officer asks you. You can politely say no. But keep in mind that refusing might make the officer think you are hiding something. That could lead to an arrest anyway, and it might be mentioned later in court. Still, saying no to a test that is hard to pass even when you are sober may sometimes be the better choice, especially if you think the test will not be fair for you.
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How Field Sobriety Tests Are Used in Court
If your case goes to court, the prosecutor may use the results of the field sobriety tests as evidence that you were driving while intoxicated. The officer will usually talk about what happened during the traffic stop and explain what parts of the test you did wrong. But a defense lawyer can challenge the tests. The lawyer might point out if the officer didn’t follow the proper steps or if your health made the test unfair. Sometimes the video from the officer’s body camera or dash camera shows what really happened, and that can help your case.
What a Lawyer Can Do for You
If you are facing a DWI charge and you took a field sobriety test, it is very important to talk to someone who knows how to look at your case carefully. A lawyer can find out if the officer made any mistakes during the stop or during the tests. If the test wasn’t done the right way, or if you had a reason why you couldn’t do the test well, that could help your case. A good lawyer will also know how to explain things in a simple way to a judge or jury, and show them that the field sobriety tests are not always a clear sign of guilt.
Other Things That Can Affect the Case
It’s also important to know that field sobriety tests are just one part of a DWI case. There might be a breath test or blood test done later. These tests can sometimes be more reliable, but they can also have problems. Maybe the machine didn’t work right, or the sample wasn’t handled the right way. Everything that happened from the moment you were stopped to the time you were released can matter.
What You Should Remember
Being pulled over and asked to take a field sobriety test is stressful. It is easy to feel confused or afraid. But understanding your rights and how the tests work can help you make better decisions. You do not have to go through this alone. If you are facing a DWI charge, there are people who know how to help.
Why Timing Matters After a DWI Arrest
Time is important after a DWI arrest. The days right after you are stopped and tested are when important decisions are made. In Texas, if you refused a blood or breath test or failed it, your driver’s license could be suspended. But you have the right to request a hearing to fight that suspension. The catch is, you only have 15 days from the date of your arrest to ask for that hearing. If you miss that deadline, your license could be taken away automatically. That’s why getting help fast is so important.
This hearing, called the ALR hearing, is also a chance for your lawyer to learn more about the officer’s actions. It gives your legal team a chance to ask questions and get evidence that could help your case. For example, if the officer did not follow the rules during the field sobriety tests or if there is no clear video showing you were drunk, that could work in your favor.
Get the Help You Need Today
If you or someone you care about was arrested for DWI in Texas after a field sobriety test, reach out now. You may be scared, but you’re not powerless. The law is complex, and one small mistake by an officer can make a big difference in your case. You need someone who understands what to look for and how to protect your rights.
The team at McCarty Larson, PLLC is ready to listen and take action. Don’t wait and wonder what will happen next. Contact McCarty Larson, PLLC today and get the help you deserve.
To learn more about this subject click here: Understanding DWI Laws in Texas: What You Need to Know