What will happen if I Refuse to Take Field Sobriety or Breath Tests in Dallas Texas?
If you are pulled over for any reason but especially at night you will be looked at for the suspicion of drinking and driving, it is important to know that officers cannot arrest you unless they have probable cause to suspect that you have been drinking. If you were stopped for suspicion of D.W.I./DUI but declined to take the field sobriety or breath test, you may believe that you more or less admitted to driving drunk. But a Dallas D.W.I. Attorney knows that this doesn’t always indicate guilt. For more information on the repercussions of denying field sobriety tests, watch this video.
Officers are allowed to ask drivers to submit to field sobriety tests and breath tests/ blood in Texas if they arrest you for DWI/DUI, but drivers should be aware that they are legally allowed to refuse to submit to these tests, if they have not been lawfully arrested. The three primary tests used are: horizontal gaze nystagmus, walk and turn, and one-leg stand. Additionally, officers may ask individuals to submit to a breath test. You are legally allowed to refuse a breath test, without consequence, if you have not been arrested.
Field sobriety tests have been known to have high failure rates and to produce false positives on many occasions. According to research published in the Journal of Perceptual and Motor Skills, 46% of the time, officers incorrectly determined that perfectly sober individuals were too drunk to drive. Drivers can fail these tests for a host of factors unrelated to alcohol consumption. Age, neurological differences or difficulties, balance and coordination issues, and in some cases, the physiological changes that occur due to the brain’s processing of motion while driving can produce false positives. The National Highway Traffic Safety Administration found that the eyes can move unevenly due to a normal reaction to motion while driving. One in four drivers will fail the horizontal gaze nystagmus test due to non-alcohol related causes. Officers might also not run the tests properly, and poor conditions can result in false positives.
Of course, an officer can still arrest an individual if he or she has probable cause that one has been drinking. If an officer observed erratic driving behavior, smelled alcohol on your breath, observed you breaking a traffic law, or if you have admitted to drinking, you can be arrested for a D.W.I. in Dallas, Texas. If you have been arrested for a D.W.I., To
Texas’s implied consent law requires you to submit to chemical testing or to a breath test. Refusal to do so will result in license suspension up to 180 days. However, if you have not yet been arrested, you are not required to perform any breath or chemical tests. Officers must arrest you under probable cause in order to do this. Even if you have been arrested, you are allowed to refuse a chemical test. However, you will be subject to consequences, like license suspension, if you do so. A good Dallas D.W.I. lawyer can help defend your case in court, should you refuse to take breath tests, field sobriety tests, or chemical tests. Officers will try to use your refusal against you during trial. A skilled lawyer can develop a strong case for why you refused to take these tests. John L. Corn, Attorney at Law has years 29 years of experience to help you protect your rights in court. Arrest doesn’t necessarily mean you’ll be convicted!
Things you should do. If you know in advance or even if not that you are going to drink and drive (which is not illegal) then you should have a DWI kit. Tooth brush, tooth paste (brush your teeth at-least two time and especially your tongue with said brush and paste. Use Visine before you drive. Take Altoids or another strong mint and begin to suck on the mint before you leave but never let the cop see you with it. Have your driver’s license and Insurance in a handy place so the cop can’t say you fumbled for them. Never look at the cop eye to eye. Drive with your windows down to allow the odor from the car to escape so it does not build up in the car. Short answers. Do not admit to drinking, that is the kiss of death. Do not perform any Field Sobriety Tests you will never pass them. Ask for your Lawyer and other than giving the cop your name and DOB DL AND INS. Keep your answers polite and short.
Finding a Dallas DWI Attorney for a Free Consultation
If you’re in the middle of fighting DWI charges, you will want to contact an attorney for help. John L. Corn will review the details of your case and determine the best legal course of action. Be sure to call 214-528-4529 today for a free case evaluation.