Attorneys Who Know How To Challenge Field Sobriety Tests
Last updated on May 27, 2025
At Hildreth & Rueda, we defend people facing DWI charges in Austin and Georgetown. We know how field sobriety tests work and where officers often make mistakes. These tests play a major role in many DWI arrests. If you’ve been charged, call our DWI attorneys at 512-415-7648. We are available 24/7.
When Do Police Use Field Sobriety Tests?
Police often use field sobriety tests during a traffic stop when they suspect a driver is impaired. They might notice swerving, erratic driving, bloodshot eyes or the smell of alcohol. These tests help officers decide whether they have enough reason to make an arrest for DWI.
But these tests aren’t foolproof. Stress, fatigue, injury, uneven roads or bad lighting can all affect how someone performs.
What Are The Standard Field Sobriety Tests?
There are three main tests that officers use. The National Highway Traffic Safety Administration (NHTSA) created them to spot signs of impairment. Each one measures balance, coordination or eye movement. The three tests include:
- Horizontal gaze nystagmus (HGN): Officers ask you to follow a moving object with your eyes. They watch for jerking movements, which may suggest intoxication.
- Walk-and-turn: You walk heel-to-toe in a straight line, turn, then walk back the same way. Officers check if you can follow instructions, keep your balance and stay on the line.
- One-leg stand: You raise one foot and count out loud. Officers look for swaying, using arms for balance or putting your foot down early.
According to the NHTSA, even when the tests are administered correctly, each of the tests has a substantial inaccuracy rate.
The HGN test is wrong 23% of the time, the walk-and-turn test is wrong 32% of the time and the one-leg stand test is wrong 35% of the time. Why then do these tests carry so much weight in a DWI charge?
At Hildreth & Rueda, as your criminal defense lawyer, we carefully consider the events that led to your arrest and identify any factors that may help prove your innocence. Whether your rights were infringed upon because the officer did not have probable cause to pull you over or your charge weighed heavily on the results of an improperly administered or false field sobriety test, we are here to protect you and fight for the best possible outcome.
Do You Have To Take A Field Sobriety Test In Texas?
No. Field sobriety tests are optional in Texas. You can say no. There is no fine or license suspension for refusing.
Still, police may arrest you based on other factors. Refusing the test doesn’t stop an arrest, but it does keep the officer from using the test against you.
What Happens If You Take Or Refuse The Test?
There are different outcomes depending on what you choose to do during a stop:
- If you take the test: Police may use your performance to justify an arrest. Poor results often appear in court as part of the case against you.
- If you refuse the test: You avoid giving more evidence. The officer may still arrest you based on other signs of impairment.
Each option has risks. The key is knowing how your decision affects your defense. This is why it’s crucial to speak to a DWI attorney who can help you understand the impact of taking or not taking a field sobriety test in Austin.
How Do Field Sobriety Tests Impact Your Case?
Officers often point to failed tests to defend the arrest. Prosecutors may use video footage in court. But these tests are based on the officer’s opinion. If they did not follow the rules or rushed the test, the results may not hold up.
We take the time to look at every part of your stop, including:
- Whether the officer gave clear instructions
- If the test area was safe and well-lit
- Whether your health or nerves affected your performance
Small details can make a big difference in your case. We work to uncover those details and fight to protect your rights.
Contact Us For A Free Consultation
Call 512-415-7648 or contact us online to discuss field sobriety tests with an Austin attorney. We offer free initial consultations. We accept credit cards and offer payment plans. Se habla español. Our attorneys serve Austin and the Georgetown area.