Texas statutes are some of the toughest on record when it comes to driving under the influence of alcohol or drugs. Texas roadways are some of the busiest in the country. What that amounts to is a high number of traffic accidents and fatal collisions. Alcohol or illegal drugs are the suspected root cause for several of these accidents. The only state with more traffic accidents than Texas is California. As a result of all of these factors, law enforcement in the Lone Star State can pull you over and arrest you based on suspicion-and suspicion alone-of drunk driving. So if you get pulled over for suspicion of a DWI or DUI, do you have to take the field sobriety test? This article will answer that question.
Do I Legally Have to Take a Field Sobriety Test?
From the moment you are pulled over, you need to remember one thing: all signs point to guilt. Meaning; law enforcement is not always on your side. If they have pulled you over, they’re already looking for proof that you are driving under the influence.
The question is how do they prove it? It is usually proven using information they gather from field sobriety tests. These tests tell them your degree of cognitive impairment and physical signs of intoxication. They will use the results to build a case against you.
The interesting thing about these tests is most drivers believe that they are legally required to perform them. This is not true. You can refuse to take any form of a sobriety test (this includes the Breathalyzer).
What Happens After I Refuse a Field Sobriety Test or Breathalyzer?
You have a better chance of proving your case if you refuse to take the tests. As soon as you refuse, two things will happen:
- You will be arrested.
- You will ask to speak to a DWI/DUI attorney.
It is important that you know what will happen, so you know how to respond effectively.
No matter what, do not resist or antagonize law enforcement officials. Stay as calm as possible and firmly, if need be, repeatedly ask to contact a lawyer. You will likely get multiple chances to state your case; do not change your resolve.
Once you meet with a criminal or DWI/DUI attorney, you can discuss what your legal strategy will be. It is their job to present a burden of proof that reduces or discredits all charges. This can be done even if you have taken the field sobriety tests.
Stockard, Johnston, Brown, Netardus & Doyle, P.C. In Amarillo, Texas will protect and defend your rights. DWI and DUI’s are not a pleasant experience. But with the help of an experienced criminal attorney, this situation can be easier. DWI attorney Jarrett Johnston of Stockard, Johnston, Brown, Netardus & Doyle, P.C. is fully equipped to take on your case. Contact our Amarillo law firm today.