Beyond the Breathalyzer: Understanding Field Sobriety Tests and Your Rights in Texas

Imagine this scenario: you’re pulled over late at night, and the officer suspects you’ve been drinking and orders you to step out of your vehicle. Suddenly, you’re being asked to follow a pen with your eyes, walk an imaginary line, and balance on one leg. For many drivers in Texas, these Field Sobriety Tests (FSTs) are the confusing and nerve-wracking introduction to a potential DWI arrest. While these tests are intended to help officers assess impairment, they’re far from foolproof. In fact, they can be highly subjective and influenced by a variety of factors unrelated to intoxication.

It’s crucial to understand that Field Sobriety Tests are just one part of an officer’s DWI investigation. The tests are not a definitive measure of intoxication, and the results can be challenged in court. This blog post aims to demystify these tests, explain how  each is conducted, and, most importantly, inform you about your rights as a Texas driver. We’ll go beyond the breathalyzer test and delve into the complexities of FSTs, empowering you with the knowledge you need to navigate this potentially challenging situation. Knowing your rights and understanding how these tests work can be the difference between a dismissal and a permanent conviction on your record.

Standardized Field Sobriety Tests (SFSTs)

When a police officer suspects a driver of DWI (Driving While Intoxicated) in Texas, they  will use a series of standardized tests to assess impairment. These tests, known as Standardized Field Sobriety Tests (SFSTs), are designed to evaluate a driver’s balance, coordination, and cognitive function. It’s essential to understand these tests to know what to expect during a DWI investigation.

There are three standardized tests that are commonly used:

1. Horizontal Gaze Nystagmus (HGN):
   • This test involves the officer  looking for nystagmus, which is the involuntary jerking of the eyes, which can be exacerbated by alcohol consumption.
   • This test is meant to evaluate how  a person’s eyes track a moving object, typically a pen or the officer’s pen.
   • However,many medical conditions can cause nystagmus and cause a false positive.
2. Walk-and-Turn (WAT):
   • This test requires  the individual to take nine heel-to-toe steps in a straight line, turn in a specific manner directed by the officer, and then take nine heel-to-toe steps back.
   • Officers observe  balance, coordination, and ability to follow instructions.
   • This test is designed to   assess divided attention and balance.
   • Uneven ground, or improper footwear can cause a false positive on this test.
3. One-Leg Stand (OLS):
   • This test requires  an individual to stand on one leg, with the other leg raised approximately six inches off the ground and to count aloud for 30 seconds.
   •  Officers observe balance, coordination, and ability to follow instructions.
   • This test also  assesses divided attention, and balance.
   • Balance issues, or pain can influence the results of this test.

It’s important to remember that these tests are subjective.  An officer’s interpretation of a person’s performance can be influenced by various factors, including  inadequate training, conditions of the test, and even personal biases. Factors like uneven ground, poor lighting, medical conditions, and even nervousness can interfere with test performance. Therefore, it is important to know that these tests are not always accurate.

Non-Standardized Field Sobriety Tests

In addition to the standardized field sobriety tests (SFSTs), officers may also use other tests that are not standardized. In contrast, these tests are not validated by the National Highway Traffic Safety Administration (NHTSA) and are generally considered less reliable for detecting signs of intoxication. However, they are still sometimes used by officers during DWI investigations in Texas.

Some examples of these non-standardized field sobriety tests include:

• Romberg Balance Test: This test requires you to stand with your feet together, tilt your head back, close your eyes, and estimate the passage of 30 seconds. The officer observes your balance and time estimation.
• Finger-to-Nose Test: This test requires you to touch your finger to your nose while tilting your head back and closing your eyes. The officer observes your coordination and ability to follow instructions.

It’s important to understand that these non-standardized tests are even more subjective than the SFSTs. They are not designed to measure specific indicators of impairment, and their results can be easily influenced by various factors, including nervousness, fatigue, and medical conditions.

While these tests may be used in DWI investigations, they carry less weight in court compared to the standardized tests. However, they are still used by officers, and any information gathered from these tests can be used against you. It is important to know that these tests exist, and that they are not as reliable as the standardized tests.

Your Rights During Field Sobriety Tests

When faced with a DWI investigation and field sobriety tests, it’s crucial to understand your rights. Knowing these rights can help protect you during a potentially stressful and confusing situation.

1. The Right to Refuse:
   • In Texas, you have the right to refuse to perform field sobriety tests. Unlike breath or blood tests, there are no automatic license suspension penalties for refusing FSTs.
   • It is important to understand the difference between refusing FSTs and refusing a breath or blood test. Refusing a breath or blood test can result in a license suspension.
   • While you can refuse FSTs, officers may still use your refusal as evidence of potential impairment.
2. The Right to Remain Silent:
   • You have the Fifth Amendment right to remain silent. You are not required to answer any questions beyond providing your driver’s license, insurance, and registration.
   • Avoid making any statements that could be used against you. Even seemingly harmless statements can be misconstrued in investigations.
3. The Right to Legal Counsel:
   • You have the right to an attorney. Contacting a lawyer as soon as possible after a DWI arrest is essential.
   • An attorney can advise you on your rights and help you navigate the legal process.
   • They can help to make sure that your rights are protected.
4. Documenting the Encounter:
   • If possible, try to document the encounter. Write down everything that happens, including the time, location, and the officer’s actions.
   • If you have a passenger, have them document what is occurring.
   • If possible, try to record the encounter with your phone.
   • These notes or recordings can be very helpful to your attorney.

Understanding and asserting these rights can significantly impact the outcome of your DWI case. Remember, you are not required to incriminate yourself, and seeking legal counsel is always a wise decision.

Challenging Field Sobriety Test Results

Field Sobriety Tests (FSTs) are subjective and prone to error, which means their results can be challenged in court. A skilled attorney can scrutinize the circumstances surrounding the tests and identify potential weaknesses in the prosecution’s evidence.

Here’s how an attorney can challenge FST results:

• Examining Officer Training:
  • FSTs are standardized, and officers must be properly trained to administer them correctly. An attorney can request the officer’s training records to ensure they  were properly trained and procedures were followed.
  • If the officer’s training is inadequate or if they deviated from the standardized protocol, the test results may be deemed unreliable.
• Analyzing Test Conditions:
  • The conditions under which the tests were administered can significantly impact the results. Uneven ground, poor lighting, or inclement weather can affect a driver’s performance.
  • An attorney can examine the location and conditions of the tests to determine if they were conducted fairly.
• Medical Conditions and Other Factors:
  • Medical conditions, such as inner ear problems, balance issues, or injuries, can affect a driver’s ability to perform FSTs.
  • Nervousness, fatigue, and even certain medications can also influence test results.
  • An attorney can gather medical records and other evidence to demonstrate that these factors may have contributed to the driver’s performance.
• Subjectivity of Interpretation:
  • The officer’s interpretation of a driver’s performance is subjective. An attorney can challenge the officer’s assessment by highlighting inconsistencies or biases.
  • Video recordings, if available, can be used to challenge the officer’s observations.
• Challenging Non-Standardized Tests:
  • Because non-standardized field sobriety tests are not validated, they are even easier to call into question.
  • An attorney can point out the lack of scientific validity of these tests.

By thoroughly investigating the circumstances surrounding the FSTs, an attorney can build a strong case to challenge the reliability of the test results and protect your rights.

What to Do After a DWI Arrest in Texas

Being arrested for DWI in Texas can be a disorienting and life-altering experience. It’s crucial to take the right steps to protect your rights and navigate the legal process. Here’s what you should do:

• Contact an Attorney Immediately:
  • The most important step is to contact a qualified DWI defense attorney as soon as possible.
  • An attorney  will advise you on your rights, explain the legal process, and begin building your defense.
  • Time is of the essence. The sooner you have legal representation, the better your chances of a favorable outcome.
• Do Not Discuss Your Case:
  • Avoid discussing your case with anyone other than your attorney. Anything you say can be used against you.
  • This includes social media, text messages, and conversations with friends  or family.
• Gather Information:
  • Try to remember as many details about your arrest as possible, including the time, location, and the officer’s actions.
  • If possible, write down any witness information.
  • If you have any photos, or videos, be sure to keep them safe.
• Understand the Administrative License Revocation (ALR):
  • In Texas, a DWI arrest can trigger an ALR, which can suspend your driver’s license.
  • You have a limited time (typically 15 days) to request an ALR hearing to challenge the suspension.
  • An attorney  will help you navigate this process and protect your driving privileges.
• Prepare for Court:
  • Your attorney will guide you through the court process, which may involve arraignment, pretrial hearings, and potentially a trial.
  • Be prepared to provide your attorney with all relevant information and documentation.
• Consider Alternative Resolutions:
  • Depending on the circumstances of your case, your attorney may explore alternative resolutions, such as plea bargaining or deferred adjudication.
  • They may also help you to get into rehabilitation programs.

If you’ve been arrested for DWI in Texas, it’s essential to take immediate action to protect your rights. Contact MC Criminal Law today for a confidential consultation. We are here to provide the experienced legal guidance and unwavering support you need during this challenging time.