Are They Legal? Can the Results Be Admitted in Court? Can You Refuse to Take a Field Sobriety Test?
When you’re pulled over in Texas and police officers suspect that you have been drinking, one of the first things they may ask you to do is get out of the car and take a field sobriety test. The purpose of this exercise is to establish probable cause to either arrest you for DWI or have you take a blood alcohol concentration (BAC) test.
Is the field sobriety test legal? Can the results of your field sobriety test be used against you in court? Do you have the right to refuse to take the test? What if you refuse?
Are Field Sobriety Tests Legal in Texas?
Yes, field sobriety tests are permitted in Texas, though the result may be used against you only if the police officer had a “reasonable suspicion” to first stop you, and that you were intoxicated or had been drinking too much. Reasonable suspicion generally requires objectively observable evidence, such as slurring of words, the smell of alcohol, or unsteadiness on your feet.
Can Field Sobriety Tests Be Used Against You in Court in Texas?
As a general rule, your performance on a field sobriety test can be introduced into evidence in court, though the admissibility will be conditioned on a number of factors, including:
- Whether the law enforcement officer had reasonable suspicion to request the field sobriety test
- Whether proper procedures were followed when administering the test
- The precision with which the police officer documents their observations
- Whether there is dashcam or body camera footage that supports or challenges the validity of the test
Can You Refuse to Take a Field Sobriety Test in Texas?
You have the absolute right to decline to take a field sobriety test in Texas. That doesn’t mean that the police officer won’t arrest you, and it doesn’t mean that you won’t initially be charged with driving while intoxicated, as an officer may make such an arrest based entirely on their observations of your actions, outside of other testing.
Contact The Loftin Firm for Experienced DWI Defense Counsel
Good results don’t just happen. They’re a product of experience, skill, knowledge, and hard work. That’s the advantage you’ll get with the Loftin Firm. Over the past quarter of a century, Attorney Loftin has successfully defended many clients charged with driving while impaired in Texas and will work hard to ensure that your constitutional rights are protected.
Contact The Loftin Firm online or call attorney Loftin at 817-441-8933 to set up an appointment. There is no cost or obligation for your first meeting.
Effective Advocacy for Clients across Parker County in Texas, including Weatherford,
Willow Park, Aledo, and Annetta, and throughout Fort Worth