Field Sobriety Tests in San Antonio

Defending against field sobriety test results requires a comprehensive understanding of the tests and the legal procedures surrounding their use. Our attorneys can examine the details of field sobriety tests to identify potential weaknesses in the prosecution's case.

We can assess factors such as the officer's training in administering the tests, the conditions under which the tests were conducted, and any potential medical or physical conditions that could have affected your performance. By challenging the accuracy and reliability of field sobriety test results, we aim to create doubt about the validity of the evidence against you.

Can You Refuse Taking Field Sobriety Tests in Texas?

Drivers in Texas have the right to refuse field sobriety tests during a DUI stop. Refusing these tests may prevent the officer from gathering additional evidence to justify an arrest. However, refusal can also raise suspicion and lead to other consequences, such as arrest based on other observations.

It is important to note that refusing field sobriety tests is different from refusing a chemical test, such as a breathalyzer or blood test. Under Texas’s implied consent law, drivers who refuse chemical tests face automatic license suspension and other administrative penalties.

If you refused field sobriety tests and are now facing DUI charges, a San Antonio DUI attorney can help you build a defense and protect your rights.

Legal Issues with Field Sobriety Tests

While field sobriety tests are commonly used in DUI investigations, their accuracy and reliability are often called into question. Some key legal issues associated with these tests include:

• Subjectivity: The officer’s personal interpretation of the driver’s performance plays a significant role in the results, making the tests inherently subjective.
• Lack of Scientific Accuracy: Even under ideal conditions, the accuracy of field sobriety tests is limited. Studies suggest that the HGN test is approximately 77% accurate, the WAT test is 68% accurate, and the OLS test is 65% accurate in detecting impairment.
• Improper Administration: Officers are required to follow specific NHTSA protocols when administering field sobriety tests. Deviations from these protocols can undermine the reliability of the results.
• Non-Standardized Tests: In addition to standardized tests, officers may use non-standardized tests, such as reciting the alphabet or counting backward, which lack scientific validation and are highly subjective.
• Voluntary Nature of Tests: In Texas, field sobriety tests are voluntary, meaning drivers have the right to refuse them without automatic penalties. However, many drivers are unaware of this right and feel compelled to comply.

A San Antonio DUI attorney can identify legal issues with field sobriety tests and use them to challenge the prosecution’s case.