The state of Texas conducts field sobriety tests in order to determine a driver’s level of sobriety. These tests are notoriously fraught with problems and concerns. It is important to understand your rights, the different laws regarding field sobriety tests, and how these tests should be conducted here in Texas. If you are facing the loss of driving privileges, call the Wilder Law Firm today to schedule a consultation with our Plano DWI lawyer. Let us help you tell your side of the story.
Ideally, field sobriety tests are conducted properly and lawfully. However, when you get pulled over and questioned by police for DWI, it can be easy to forget all the finer points related to a properly administered field sobriety test.
A field sobriety test is conducted in order to evaluate your reflexes, balance, and mental capabilities. Specifically, there are three tests that are recommended by the National Highway Traffic Safety Association.
While these three tests are recommended and utilized by police, none of them are perfect. The tests allow for officers to test your sobriety, but these tests can also lead to skewed or inaccurate results.
While administering this test, it is important for the officer to record the results. Occasionally, the officer forgets to complete this step, leading to the evidence being deemed inadmissible. While you have the legal right to refuse to participate in a field sobriety test, the officer is not required to inform you of this right. Also, refusing to take the test will likely lead to your arrest.
Officers in Texas also have the ability to test your blood alcohol level after getting pulled over for suspicion of drunk driving. Here, an officer will measure the concentration of alcohol in our breath in order to help determine if you are driving while impaired. While refusing to take a field sobriety test is legal, it is illegal to refuse an officer the ability to measure your blood alcohol content. This is because Texas is one of the many states that follow the implied consent law. This law means that by operating a vehicle in the state, you have consented to be tested for alcohol.
As you can see, it is important that you understand the differences in field sobriety tests and what the officer looks for when you complete each test. Being aware of the details of each test will allow you to be better prepared should you ever be faced with the situation of being pulled over and asked to complete one or more of these field sobriety tests. Contact our skilled attorneys right away to help with your DWI.