Driving while intoxicated in the state of Texas comes with some serious consequences. While you should never drink and drive, you may make a mistake. If so, you’re likely considering whether or not you should take a field sobriety test.
Field sobriety tests are voluntary
Just because you’ve been asked by an officer to undergo a field sobriety test doesn’t mean that you have to. These field sobriety tests are completely voluntary, but they could lead to a DUI/DWI. They typically consist of three main types of tests. The first is the walk and turn test. The second is the standing on one leg test. The third is the horizontal gaze nystagmus test. When an officer asks you to perform one of these field sobriety tests, you may politely decline.
Refusing the test provides less evidence
When you refuse to undergo a field sobriety test, it limits the amount of evidence that an officer has in the case against you. With a lack of field sobriety test results, an officer’s only choice is to decide whether or not to take you to a hospital for blood testing. The officer may decline to do so in some cases. If you mistakenly undergo a field sobriety test, the officer can use the results of the test in a DWI case against you. Of this happens, you’ll have to formulate your own defense against the results of the field sobriety test.
Being charged with a DWI is no small offense. When an officer pulls you over for suspicion of driving while intoxicated, you will likely be asked to undergo a field sobriety test. These tests are completely voluntary, and it’s a good idea to consider declining to take these tests. The fewer tests that you take, the less evidence that the officer will have against you. If you have already taken a test, you may want to consult with an attorney about your best course of action.