DWI Field Sobriety Tests Texas. In Texas, a traffic stop can be a tense situation, especially if a police officer suspects that you have been drinking. A common step in a Driving While Intoxicated (DWI) investigation is the administration of Field Sobriety Tests (FSTs). These roadside evaluations help an officer assess a driver’s physical and mental impairment. However, many people are uncertain about what these tests involve, whether they are legally required, and what questions they may encounter. Understanding these details is crucial for anyone who drives on Texas roads.
The Three Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) has standardized three primary tests that are used by law enforcement across the country, including in Texas. The results of these tests are often used as evidence to establish probable cause for a DWI arrest.
- Horizontal Gaze Nystagmus (HGN) Test
This is often the first test an officer will administer. Nystagmus is an involuntary jerking of the eye that can be exaggerated by alcohol consumption. During this test, the officer will instruct the driver to follow a small stimulus, like a pen or a finger, with their eyes without moving their head. The officer is looking for specific clues of impairment, such as the jerking of the eye when it is moved to the side or when it is held at its maximum deviation. A lack of smooth pursuit and a distinct jerking at the maximum deviation are considered key indicators.
- Walk-and-Turn Test
The walk-and-turn test requires the driver to perform a physical action that tests their balance, coordination, and ability to follow instructions. The officer will ask the driver to take nine heel-to-toe steps along a straight line, turn, and then take nine heel-to-toe steps back. The officer is looking for several clues of impairment, including:
- Starting the test before the instructions are finished.
- Losing balance while listening to instructions.
- Stepping off the line.
- Stopping to steady oneself.
- Failing to touch heel-to-toe.
- Using arms for balance.
- Making an incorrect turn.
- Taking the wrong number of steps.
- One-Leg Stand Test
This test further evaluates a driver’s balance and ability to follow instructions. The officer will instruct the driver to stand with one foot raised approximately six inches off the ground, with the toe pointed out, and count aloud until told to stop. The test typically lasts for 30 seconds. The officer is looking for clues such as:
- Swaying while balancing.
- Using arms for balance.
- Hopping.
- Putting the foot down.
Are Field Sobriety Tests Mandatory?
This is one of the most critical questions a person can ask during a DWI stop. The answer is no, field sobriety tests are not mandatory in Texas. You have the right to refuse to participate in these tests. This is a very different situation from the state’s “implied consent” law, which applies to chemical tests like breathalyzers or blood tests.
Texas law states that by driving on a public road, you have given your “implied consent” to a chemical test if an officer has probable cause to believe you are intoxicated. Refusing a chemical test in Texas results in an automatic license suspension, even if you are not ultimately charged with or convicted of a DWI.
However, refusing the FSTs does not have this same automatic penalty. There are still potential consequences, but they are not as immediate or severe. An officer may still have enough evidence from other observations—like your driving, the smell of alcohol, or slurred speech—to establish probable cause and make an arrest. Refusal simply means the officer cannot use the results of the FSTs as evidence against you in court. Many legal experts and criminal defense attorneys advise against taking the FSTs because they are notoriously difficult to perform perfectly even when sober, and the officer is trained to look for clues of impairment, not sobriety.
Field Sobriety Test Questions
Before, during, and after an FST, an officer will ask a series of questions. These questions are not random; they are designed to elicit information that can be used as evidence. Knowing what these questions are and why they are asked can help you understand the situation better.
- “Do you know why I pulled you over?“: This is a common opener. Your response can provide insight into your mental state.
- “Where are you coming from?” and “Where are you going?“: This helps the officer establish a timeline and a reason for your presence in the area.
- “Have you been drinking tonight?“: This is the most direct question and your answer is a crucial piece of evidence. Any admission of drinking, no matter how small, will be noted.
- “How much have you had to drink tonight?“: This question is designed to get a specific number. Again, any admission is a piece of evidence.
- “When was your last drink?“: The timing of your last drink can be a factor in an officer’s assessment of your level of intoxication.
- “Are you taking any medication?” or “Do you have any medical conditions?“: These questions are asked to address any physical issues that might explain your performance on the FSTs. An officer may use a refusal to answer these questions against you later.
It is important to remember that during a DWI investigation, everything you say and do can be used against you. While you must provide your name, license, and insurance, you are not obligated to answer questions that could incriminate you. By understanding your rights regarding FSTs and being aware of the types of questions an officer may ask, you can be better prepared to handle a DWI stop in Texas.
In Austin, Texas, Erskine Law, also known as Law Maverick, is led by Board Certified Criminal Law Specialist Brian Erskine, offering a robust defense for individuals facing a wide array of criminal accusations. With extensive trial experience, including over 70 jury trials spanning serious charges like murder, trafficking, sexual assault, DWI, drug possession, and white-collar crimes, the firm provides comprehensive legal support from petty misdemeanors to major felonies. Beyond traditional criminal defense, Law Maverick also assists clients with personal injury cases and employment disputes, demonstrating a commitment to fighting for clients’ rights with a tenacious, “never-quit” approach.