Field Sobriety Test FAQ’s

can i refuse a field sobriety test?

When an individual is pulled over on suspicion of DWI, the police will most likely conduct a field sobriety test (FST) to see if they are in fact intoxicated. Unfortunately, they are not always accurate because a myriad of other factors can influence how people react to these types of tests.

Take a look at some of the common questions we receive regarding these types of tests:

  1. By law, do I have to submit to a field sobriety test if I am pulled over by the police?
    Truthfully, the answer is no and it is often recommended that you do not take them. They are often unreliable, as there are a number of outside factors that can cause a person to fail. Health conditions, difficulty balancing, weight, age, and a variety of other things can all affect the results. It is important to note, however, that an officer will most likely make you take a breath or blood test if you do not submit to a routine test.
  2. What are the most common versions of this test?
    Horizontal Gaze Nystagmus, Walk-and-Turn test, and the One-Leg Stand test are the three that are considered “Standardized Field Sobriety Tests” according to the National Highway Traffic Safety Administration (NHTSA).
  3. Is it possible to challenge your field sobriety test?
    Yes, with the help of a qualified Houston DWI attorney, you can fight your field sobriety test. At The Martinez Law Firm, we know that being pulled over for a DWI can already be extremely stressful. We understand the various elements of these tests and we can combat how they were administered and establish if any misconduct occurred on the part of the administering officer.

No matter what the circumstances are surrounding your charges, our Houston DWI defense lawyers can strive to protect your rights both in and out of the courtroom. Call for a free evaluation of your case today and let us begin crafting the defense you deserve.

Categories: Alcohol TestDUIDWI