Galveston DWI Lawyer - Can you refuse field sobriety tests?
- Brian Foley
- Apr 10
- 4 min read
Can You Refuse Field Sobriety Tests? A Galveston DWI Attorney Explains
If you’ve ever found yourself pulled over by law enforcement in Galveston under suspicion of driving while intoxicated (DWI), you may have wondered about your rights when it comes to field sobriety tests. As a Galveston DWI attorney, I’m often asked: Can you refuse field sobriety tests? The short answer is yes—you absolutely can. Texas law does not require you to submit to these tests, as they are voluntary. However, the decision to refuse isn’t as simple as it might seem, and it comes with consequences that could impact your case. Let’s break it down.
The Right to Refuse—and What Happens Next
Field sobriety tests, such as the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, are tools police officers use to evaluate whether a driver might be intoxicated. Unlike chemical tests (like a breathalyzer or blood test), which are governed by Texas’s implied consent laws after an arrest, field sobriety tests are not mandatory. You have the legal right to politely say, “No, I’d rather not perform these tests.”
But here’s the catch: refusing field sobriety tests doesn’t mean you’re off the hook. In most cases, if you decline, the police will likely arrest you anyway. Why? Because they can—and the prosecution will—argue to a jury that your refusal is evidence of guilt. The reasoning goes like this: “If they weren’t intoxicated, why wouldn’t they just take the test?” It’s a powerful narrative that can sway a jury, even if it’s not the full story. As a Galveston DWI attorney, I’ve seen this play out time and again in courtrooms across Texas.
Why Field Sobriety Tests Aren’t Foolproof
Even if you do agree to take the tests, they’re far from perfect indicators of intoxication. Field sobriety tests are standardized by the National Highway Traffic Safety Administration (NHTSA), but their accuracy depends heavily on how they’re administered—and human error can creep in. Here are some reasons why these tests might not hold up under scrutiny:
Improper Administration of the HGN Test
The Horizontal Gaze Nystagmus test involves an officer observing your eye movements for involuntary jerking, which can be a sign of intoxication. However, the officer must follow strict guidelines—holding the stimulus (usually a pen or flashlight) at the right distance, moving it at the correct speed, and checking for other causes of nystagmus (like medical conditions or fatigue). If the officer rushes through it or skips steps, the results can be unreliable.
Walk-and-Turn: Environmental and Physical Factors
The Walk-and-Turn test requires you to walk heel-to-toe in a straight line, turn, and walk back. Sounds simple, right? Not if you’re on an uneven Galveston road, it’s windy, or the officer fails to demonstrate it clearly. Physical conditions—like a bad knee, poor balance, or even wearing heels—can also throw off your performance, regardless of alcohol.
One-Leg Stand: Not as Straightforward as It Seems
Standing on one leg for 30 seconds while counting out loud might be easy in a gym, but roadside conditions can make it a challenge. Poor lighting, gravel surfaces, or even anxiety from being pulled over can cause someone to wobble. Officers are trained to look for specific “clues” of impairment, but they don’t always account for these external factors.
Legitimate Reasons to Refuse—Beyond Intoxication
As a criminal defense attorney, I’ve worked with clients who refused field sobriety tests for reasons that had nothing to do with hiding intoxication. Here are some alternate explanations that a skilled Galveston DWI attorney might raise in your defense:
Nervousness or Anxiety
Being stopped by police is stressful. For some, the pressure of performing physical tasks under scrutiny can lead to a refusal—not because they’re drunk, but because they’re afraid they’ll fail due to nerves.
Medical Conditions
Injuries, inner ear issues, or neurological conditions can make it impossible to pass these tests, sober or not. Someone with a bad back might refuse the One-Leg Stand knowing they can’t balance, not because they’ve been drinking.
Distrust in the Process
Some people refuse because they’ve heard the tests can be subjective or manipulated. They might not trust the officer to administer them fairly or believe the results will be used against them no matter what.
Lack of Understanding
Not everyone knows the tests are voluntary or understands the instructions. Language barriers, hearing issues, or confusion can lead to a refusal that’s misinterpreted as consciousness of guilt.
A Galveston DWI Attorney’s Perspective
Refusing field sobriety tests is your right, but it’s a double-edged sword. While it might limit the evidence police can gather against you, it almost certainly means an arrest—and the prosecution will try to spin it as proof you were intoxicated. That’s where an experienced Galveston DWI attorney comes in. By challenging the circumstances of the stop, the officer’s conduct, or the reliability of the tests themselves, a strong defense can turn the tide in your favor.
If you’re facing a DWI charge in Galveston, don’t let the prosecution’s narrative define your case. Whether you refused the tests or took them and failed, there are defenses available. Contact a knowledgeable Galveston DWI attorney to review your situation—because the stakes are too high to leave to chance.
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