Texas is tough on driving while under the influence of drugs and/or alcohol. Every year Texas law enforcement officers arrest nearly 100,000 drivers for DWI. About 70% of those arrests result in convictions. When a driver is pulled over for suspicion of driving while intoxicated, the police officer will examine the driver for signs of impairment. Those signs include an odor of alcohol emanating from the driver, red eyes, slurred speech, delayed reactions, or fumbling.

Should a law enforcement officer assume that a driver is driving while intoxicated, the police officer will typically ask the driver to submit to field sobriety tests. The National Highway Traffic Safety Administration states that three tests comprise the Standardized Field Sobriety Test. Those testing include:

• the One-leg Stand Field Sobriety Test;
• the Horizontal Gaze Nystagmus Field Sobriety Test; and 
• the Walk-and-turn Field Sobriety Test.

Can a Driver Refuse to Take a Field Sobriety Test in Texas?

A law office enforcement might decide to administer field sobriety tests to affirm their belief that the driver is driving while under the influence. The accuracy of confirming intoxication increases when several tests are utilized. It is important to understand that you can refuse to perform field sobriety tests in the state of Texas. In Texas, there are no penalties for refusing to submit to field sobriety tests. However, the police officer may use this refusal to have probable cause to arrest the driver. A jury may also assume that the driver’s refusal is evidence that they were intoxicated.

Also, in lieu of field sobriety testing, the law enforcement officer might ask the driver to provide a specimen of breath or blood to ascertain the driver’s level of intoxication. A driver may refuse chemical testing in the state of Texas, but a driver who refuses to provide a breath or blood test after an arrest for DWI could lose their driver’s license from 90 days (first refusal) to 2 years (all subsequent refuses).

If you or a family member have refused or failed a field sobriety test, and have been arrested and charged with a DWI, contact our experienced DWI attorney to protect your legal rights.

Contact Our Longview DWI Defense Attorney Immediately

Since you only have fifteen days to request a driver’s license hearing and present your defense, you must seek legal counsel as quickly as possible. To meet with our experienced DWI attorney today, call (903) 753-7499. 

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499