Getting pulled over on suspicion of DWI in Texas can be stressful. Officers are trained to build a case from the moment they activate their lights, and one of their primary tools is the Standardized Field Sobriety Test battery. Knowing your rights before that situation arises can matter.
What are standardized field sobriety tests?
Based on NHTSA field sobriety testing standards, Texas officers use three tests during a DWI investigation:
- Horizontal Gaze Nystagmus: an object is moved side-to-side before your eyes to detect involuntary jerking that can increase with alcohol consumption
- Walk-and-Turn: nine heel-to-toe steps along a line, a prescribed turn, and nine steps back while counting aloud
Also, the one-leg-stand is a standard test, and it consists of one foot raised approximately six inches off the ground while counting aloud until told to stop.
Are SFSTs mandatory in Texas?
No. Performing field sobriety tests before arrest is voluntary. Declining is not a separate offense and does not trigger a license suspension. Chemical testing is a different matter. Under Texas law, refusing a breath or blood test after arrest can result in an administrative license revocation, and officers may seek a warrant to draw blood if you refuse.
Why sober drivers sometimes fail
Field sobriety tests are subjective and can be affected by factors unrelated to intoxication:
- Uneven pavement, poor lighting, or bad weather
- Medical conditions, joint injuries, inner ear problems, or age
- Footwear such as heels or heavy boots
- Nervousness or fatigue during a late-night stop
These issues are regularly raised in DWI defense cases.
What happens if you decline
An officer may still arrest you based on other indicators such as the odor of alcohol, your speech, or your driving behavior. By declining the tests, you avoid creating physical and video evidence that prosecutors regularly use at trial. You can do so calmly by stating that you are choosing to exercise your right to decline.
If you are facing DWI charges, a DWI defense attorney in Texas can review the stop, the officer’s observations, and any chemical test results to evaluate your options.