Can You Refuse a Field Sobriety Test?

In Texas and in Austin if you're stopped for suspicion of driving while intoxicated, the officer is going to ask you to step out of your vehicle and then he is going to ask you to perform a series of tests. Now what most people don't know is you can decline to take these tests. So you want to refuse these tests politely say something to the nature of sorry, officer, but I don't want to take these tests. They're going to have less evidence to try to prove that you were intoxicated when you were stopped. By declining the tests, the officer is going to arrest you but if you did the tests, the officer is going to arrest you anyway. If he believes that you're intoxicated he's going to arrest you and he's going to use that to justify your arrest even without the field sobriety test that have been done.

So as far as your loss of license and other things that come with it, there is no impact on that from refusing to take the standardized field sobriety test itself. What that comes from is a refusal to give a breath or blood sample.

It's important you find an attorney that knows what they're doing that knows the DWI laws and the cases and what to look for when they're fighting your case.


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