When you’re pulled over for suspected impaired driving, a big concern is often “what happens if you refuse a field sobriety test,” since these voluntary tests can make or break your case. In Texas, you have the right to politely decline field sobriety tests, unlike chemical tests tied to implied consent laws. Refusing doesn’t trigger automatic penalties, but it might lead to arrest based on other signs like erratic driving or odor.
As of August 20, 2025, Texas implied consent laws remain firm for chemical tests, but field sobriety tests stay optional. If you’re wondering about legal rights during a DUI stop or if refusing field sobriety tests is smart, this guide covers distinctions, consequences, benefits, and tips—we offer general insight; consult a criminal defense lawyer for your situation.
At Saputo Toufexis Criminal Defense PLLC, we’ve helped clients navigate DWI charges by advising on refusals and challenging evidence. Our experience in Texas criminal defense means we know how to use this strategy to weaken the prosecution’s case.
Understanding Field Sobriety Tests in Texas
Field sobriety tests are subjective physical tests officers use during a traffic stop to gauge impairment, like the one-leg stand, walk and turn, or horizontal gaze nystagmus. They’re designed to establish probable cause for arrest, but they’re voluntary—no law forces you to perform field sobriety tests.
Unlike chemical tests (breath, blood, or urine), which have penalties for refusal under implied consent laws, field sobriety tests have no such rule. Officers might push, saying it’s routine, but you can refuse a field sobriety test without direct legal consequences. They’re prone to error from factors like medical conditions, nervousness, or uneven ground, so sober individuals often fail.
The officer’s request aims to gather additional evidence—if you refuse, they rely on observations like slurred speech or bloodshot eyes for reasonable suspicion.
Common Scenarios During a DWI Stop
These tests come up in typical stops: an officer suspects intoxication from swerving or speed, then asks you to step out for field sobriety tests. The walk and turn test involves nine steps heel-to-toe on a straight line, or the one-leg stand requires balancing on one foot while counting.
In no refusal weekends, focus shifts to chemical testing, but pre-arrest, field sobriety tests are still voluntary. We’ve seen clients refuse a field sobriety test after a long day, avoiding failure from fatigue. If the officer’s request feels off, like no probable cause for the stop, refusal limits their proof.
Refusing FSTs might prompt further tests at the police station, but that’s post-arrest. Knowing the difference helps—field sobriety tests are for on-site assessment, chemical for blood alcohol concentration.
Legal Steps If Asked to Take a Field Sobriety Test
During the stop, remain silent beyond basics like providing ID—don’t admit drinking or explain behavior. Politely decline: “I respectfully refuse to perform field sobriety tests.” This asserts your legal rights without arguing.
If arrested anyway, request a lawyer immediately. Challenge the arrest later by arguing lack of probable cause without the tests. For chemical tests after arrest, refusal leads to license suspension, so weigh that—refusing a breathalyzer is worse than a DUI for admin penalties, but it limits evidence.
A free consultation with a lawyer can prep you on what to say. Follow instructions for safety, but don’t consent to voluntary tests.
Potential Outcomes of Refusing a Field Sobriety Test
The possible consequences of refusing a field sobriety test include arrest if the officer has enough from other evidence, like odor or poor driving. Prosecutors might use refusal as evidence of guilt, but a good attorney counters it as exercising rights.
No license suspension for FST refusal, unlike chemical test refusal. Is it wise to refuse a field sobriety test? Often yes—it avoids giving flawed results that bolster the case. Pros of refusing include limiting evidence to observations, potentially weakening reasonable suspicion.
Cons: it might lead to immediate arrest or be portrayed negatively in court. Overall, outcomes favor refusal in many cases, as tests like counting the alphabet backwards or moving object tracking can fail anyone.
Challenges in Refusing Field Sobriety Tests
Refusal isn’t without hurdles—officers might see it as suspicious, pushing for arrest on slimmer evidence. In court, refusal can be argued as consciousness of guilt, requiring defense to explain it’s a right.
Medical conditions that mimic impairment, like balance issues, make tests risky, but refusal shifts focus. During no refusal weekends, blood draws via warrant follow chemical refusal, but FSTs are separate.
Challenges include officers not respecting refusal, leading to escalation—stay calm to avoid extra charges. The legal process after arrest involves ALR hearings for suspensions, but FST refusal doesn’t trigger that.
How Saputo Toufexis Criminal Defense PLLC Can Help
We’ve guided countless clients through DWI stops in Texas, advising on refusing field sobriety tests to limit evidence. We challenge arrests lacking probable cause, filing motions to suppress if the stop was invalid.
For chemical test refusals, we fight license suspensions, arguing no reasonable suspicion initially. Our strategies include highlighting officer misjudgments, like confusing fatigue for impairment. Every case differs, so we review details—erratic driving, blood tests, or urine tests—to build defenses.
Whether simple refusal or full trial, we aim for dismissals or acquittals. Contact us to discuss how refusal fits your defense.
Important Facts About Texas DWI Laws
Texas implied consent laws apply only to chemical tests—refusal means automatic license suspension, but not for field sobriety tests. Tests like one-leg stand or walk and turn are subjective, often failing due to factors unrelated to alcohol.
Refusing a field sobriety test avoids self-incrimination, but chemical refusal is admissible as guilt evidence. No refusal weekends mean warrants for blood if you refuse a breathalyzer. Free consultation can clarify your legal rights.
Blood alcohol concentration over .08 is per se intoxication, but observations alone can lead to arrest.
Common Issues in Field Sobriety Test Refusals
Issues arise when officers ignore refusal, pressing for performance—politely repeat decline to avoid escalation. Refusal might prompt chemical test requests early, but they’re post-arrest.
In court, prosecutors use refusal against you, but defense reframes as smart choice. Medical conditions or nervousness make tests unreliable, supporting refusal. Traffic stop validity is key—if no reasonable suspicion, all evidence falls.
One foot balance or straight line walks fail sober folks, highlighting why it’s better to refuse a field sobriety test than to take a chance.
Taking the Next Step
If you’re facing what happens if you refuse a field sobriety test or DWI charges, don’t guess. Our Dallas DWI attorneys at Saputo Toufexis can review and strategize.
Reach out today for a free consultation. We’ll help protect your rights.
Saputo Toufexis Criminal Defense PLLC defends in impaired driving cases. Let us assist. Visit https://saputo.law or call 888-239-9305.
