When a police officer pulls you over on suspicion of impaired driving in Texas, they may ask you to take field sobriety tests. These could include the walk-and-turn test, the horizontal gaze nystagmus test or the one-leg stand test. These are physical tests designed to determine if you are facing a level of impairment that may make it dangerous for you to operate the vehicle.
However, you can typically refuse to take these field sobriety tests. There is no need to escalate the situation, but remember that the tests are voluntary. You can politely refuse, and you will not be arrested simply for doing so.
That said, the police may have other evidence that you are impaired, such as having observed certain traffic violations. So they can still arrest you, even if you do not take or fail the field sobriety tests. But you do have the option to refuse.
Is this different than a breath test?
Yes, this is much different than a breath test. If you refuse a breath test, then it can lead to an administrative license revocation.
In short, Texas uses implied consent laws, like many other states. So, if you refuse to take the breath test, you are then violating these implied consent laws, and they can suspend your license administratively, even without a conviction on impaired driving charges. You do have a right to a hearing regarding this administrative suspension.
Navigating the legal process
If you are facing impaired driving charges, especially if you are a commercial driver, it can have a major impact on your future. Be sure you know exactly what defense options you have as you go through this process.
