Have you ever wondered what happens during those roadside tests police use to check if someone is driving under the influence? Maybe you’ve seen them on TV, or perhaps you’ve experienced one firsthand. Field sobriety tests can be confusing and stressful, especially if you don’t know what to expect.
We get it. Being pulled over is nerve-wracking enough without having to perform what feels like a roadside circus act. That’s why we’ve put together this straightforward guide on field sobriety tests in Texas.
What Are Field Sobriety Tests?
Field sobriety tests are a set of exercises police officers use to check if a driver might be impaired by alcohol or drugs. Officers look for specific signs of impairment during these tests.
The National Highway Traffic Safety Administration (NHTSA) created standardized tests in the 1970s to make DWI detection more consistent. Before standardization, officers used various methods with questionable accuracy.
The Three Standardized Field Sobriety Tests
Police officers use three main tests approved by the NHTSA, which make up the standard battery used across the country.
1. Horizontal Gaze Nystagmus (HGN) Test
This test checks your eye movements. The officer holds an object (like a pen or flashlight) about 12-15 inches from your face and moves it from side to side. They watch how your eyes track the object.
What they look for:
- Inability to follow the object smoothly
- Distinct jerking of the eye when it reaches maximum deviation
- Eye jerking that starts before the eye reaches a 45-degree angle
This test is based on the fact that alcohol consumption causes involuntary jerking of the eyes that becomes more noticeable with higher blood alcohol concentration.
2. Walk-and-Turn (WAT) Test
This test checks your ability to follow instructions while performing physical movements. You must take nine heel-to-toe steps along a straight line, turn in a specific manner, and take nine steps back.
What they look for:
- Inability to keep balance while listening to instructions
- Starting before instructions are finished
- Stopping to regain balance
- Not touching heel-to-toe
- Stepping off the line
- Using arms for balance
- Making an improper turn
- Taking the wrong number of steps
3. One-leg stand (OLS) Test
In this test, you must stand with one foot about six inches off the ground and count out loud until the officer tells you to put your foot down (typically 30 seconds).
What they look for:
- Swaying
- Using arms for balance
- Hopping
- Putting the foot down
Non-Standardized Tests
Officers might also use other tests that the NHTSA does not officially recognize. These include:
- Finger-to-nose test: You close your eyes and touch your nose with your index finger
- Alphabet test: Reciting all or part of the alphabet
- Counting test: Counting backward from a specific number
- Romberg balance test: Standing with head tilted back and eyes closed
These tests are less reliable and may not be accepted as strong evidence in court.
How Accurate Are Field Sobriety Tests?
Many people wonder about the accuracy of these tests. This is a valid concern, as studies have shown these tests aren’t perfect.
According to NHTSA research, the combined accuracy of the three standardized tests is about 82% when performed correctly. Individual test accuracy rates are lower:
- HGN test: 77%
- Walk-and-turn test: 68%
- One-leg stand test: 65%
Several factors can reduce accuracy:
- Weather conditions (wind, rain, uneven surfaces)
- Poor lighting
- Traffic noise and distractions
- Officer training and experience
- Your physical condition or medical issues
- Anxiety and nervousness
Can You Refuse a Field Sobriety Test in Texas?
Yes, you can refuse to take field sobriety tests in Texas. Unlike chemical tests (breath, blood, or urine), field sobriety tests are voluntary. There is no legal penalty for refusing them.
Many people don’t know they have the right to refuse. Officers often phrase their requests to make them sound mandatory.
If an officer asks you to perform these tests, you can politely decline by saying, “Officer, I respectfully decline to perform any field sobriety tests.”
Important points about refusal:
- The officer can still arrest you based on other observations
- Your refusal might be mentioned in court
- Refusing doesn’t prevent the officer from requesting a breath or blood test later
Can Medications Affect Field Sobriety Test Results?
Yes, many common medications can affect your performance on field sobriety tests, even if you haven’t consumed alcohol. This is a significant issue that isn’t always considered during roadside stops.
Medications that can impact test performance include:
- Prescription pain medications
- Antidepressants
- Anti-anxiety medications
- Antihistamines and cold medicines
- Blood pressure medications
- Anti-seizure medications
- Sleep aids
Physical conditions that might affect test results:
- Inner ear problems
- Neurological conditions
- Back or leg injuries
- Obesity
- Advanced age
- Fatigue
If you take medication regularly, it’s good to know how it might affect your coordination and balance.
Your Rights During Field Sobriety Testing
Understanding your rights is crucial during any police interaction. During a field sobriety test, you have the right to:
- Refusing to perform the tests
- Inform the officer about medical conditions that might affect your performance
- Request the presence of an attorney before chemical testing (though this won’t delay the testing)
- Remain silent beyond providing basic identification
- Record the interaction if possible (though this shouldn’t interfere with the officer’s duties)
Challenging Field Sobriety Test Results
The test results can be challenged in court if you’ve been arrested after field sobriety testing. A skilled attorney can identify issues with how the tests were conducted.
Common grounds for challenging test results:
- Improper test administration
- Failure to account for medical conditions
- Environmental factors affecting performance
- Lack of proper officer training
- Camera footage contradicting the officer’s assessment
What to Do If You’re Pulled Over
If you find yourself being pulled over and suspected of DWI:
- Stay calm and be polite
- Provide your license and registration when asked
- Avoid unnecessary talking or volunteering information
- Consider politely declining field sobriety tests
- Remember that dashcams may be recording the interaction
- If arrested, clearly state that you want to speak with an attorney
How DFW Legal Can Help
Facing DWI charges after field sobriety testing can be scary. The penalties in Texas are severe, including license suspension, fines, and possible jail time.
At DFW Legal, we understand the science behind field sobriety tests and their limitations. Our attorneys know how to examine test administration and identify issues that could help your case.
We’ve helped many clients in Richardson and throughout the Dallas-Fort Worth area successfully challenge field sobriety test evidence. Our team has the experience to guide you through this difficult time.
Contact Us for a Consultation
If you’ve been charged with DWI after field sobriety testing, don’t wait to get help. Contact DFW Legal today for a confidential consultation. We’ll review your case and explain your options in simple terms.
Call us at (972) 535-4484 or complete our online contact form. Remember, understanding your rights is the first step toward protecting your future.
This blog is for informational purposes only and should not be considered legal advice. Each case is unique, and you should consult with an attorney about your specific situation.