If you’ve been pulled over in Texas and the officer suspects you’re driving under the influence, they may ask you to step out of the vehicle and perform field sobriety tests (FSTs). These tests are often portrayed as routine, but they play a crucial role in building a DWI case—and can be the first step toward an arrest.

At The Law Office of Alex Tyra, P.C., we know how police use (and misuse) field sobriety tests, and how to challenge them when they’re unreliable or improperly administered.

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What Are Field Sobriety Tests?

Field sobriety tests are a series of physical and cognitive tasks law enforcement uses to evaluate impairment during a traffic stop. The most commonly used are the Standardized Field Sobriety Tests (SFSTs) developed by the National Highway Traffic Safety Administration (NHTSA), which include:

1. Horizontal Gaze Nystagmus (HGN)

The officer observes your eyes as you follow a moving object (usually a pen or flashlight) to detect involuntary jerking.

2. Walk-and-Turn

You’re asked to take nine heel-to-toe steps in a straight line, turn on one foot, and return the same way—while following instructions carefully.

3. One-Leg Stand

You must stand on one foot, raise the other approximately six inches off the ground, and count aloud until told to stop.

These tests are supposed to measure balance, coordination, attention span, and the ability to follow directions—all of which can be affected by alcohol or drugs.

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Are You Legally Required to Take Field Sobriety Tests in Texas?

No. In Texas, field sobriety tests are voluntary, and you are not legally required to perform them. However, officers rarely inform drivers of this fact. Politely declining to perform FSTs will not result in an automatic license suspension, unlike refusing a chemical test (like a breathalyzer) after arrest.

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How Officers Use FSTs to Justify Arrests

Field sobriety test results are often used by officers to establish probable cause to arrest you for DWI. Once you’re arrested, you may be required to take a chemical test. Officers will note any “clues” of intoxication during the FSTs, including:

• Swaying, stumbling, or losing balance

• Inability to follow directions

• Missteps or stopping early

• Use of arms for balance

But these so-called clues aren’t always caused by alcohol. Fatigue, anxiety, medical conditions, poor coordination, uneven pavement, or even bad footwear can affect performance.

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Can Field Sobriety Tests Be Challenged in Court?

Yes—absolutely. In fact, they’re often one of the weakest points of the prosecution’s case. At The Law Office of Alex Tyra, P.C., we scrutinize every aspect of the traffic stop and testing procedure:

• Was the test performed on a flat, well-lit surface?

• Was the driver wearing appropriate footwear?

• Did the officer provide clear, standardized instructions?

• Does the driver have medical conditions or injuries that could affect balance or movement?

• Was the officer properly trained to administer SFSTs?

If we can show the tests were flawed, incomplete, or misinterpreted, we may be able to suppress the officer’s testimony or reduce the charges.

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What About Non-Standard Tests?

Sometimes officers use non-standardized tests like reciting the alphabet backwards or touching your nose with eyes closed. These tests are not scientifically validated and have even less legal credibility.

If your arrest was based on non-standardized tests, your case may be even more vulnerable to a strong legal defense.

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Call The Law Office of Alex Tyra, P.C. For Your Free Consultation

Field sobriety tests can be inaccurate, unfair, and misused to justify a DWI arrest. Don’t assume they prove guilt. Let The Law Office of Alex Tyra, P.C. review your stop, your tests, and your case. We know how to attack flawed DWI procedures and fight for dismissal or reduction of the charges.

Call (903) 753-7499 now to schedule your free consultation. The sooner we get involved, the stronger your defense will be.

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