Blue lights flash in your rearview mirror, and the officer asks you to step out for a field sobriety test. This common scenario leaves many Texas drivers confused about their rights and obligations during a traffic stop. Texas law creates important distinctions between physical field sobriety tests and chemical tests (breath or blood analysis). Understanding these differences might help you make informed decisions if you face this situation.
Understanding different types of sobriety testing
Texas police officers use various methods to check for possible intoxication during traffic stops. Here’s what you need to know about each type:
- Field sobriety tests: These physical exercises include walking in a straight line, standing on one leg and following an object with your eyes.
- Portable breath tests: Roadside devices that estimate blood alcohol content but typically cannot be used as evidence in court.
- Chemical tests: Official breath tests at the station or blood draws at medical facilities that measure exact blood alcohol levels.
You maintain the right to refuse field sobriety tests without direct legal penalties, though officers might note your refusal.
What happens if you refuse chemical testing
When you obtain a Texas driver’s license, you agree to chemical testing by law if an officer suspects intoxication. Refusing breath or blood tests could trigger consequences under Texas implied consent laws:
- Automatic license suspension for 180 days on first offense
- Two-year suspension for subsequent refusals
- Possible use of refusal as evidence in court
- Mandatory blood draw if you have prior DWI convictions
- Risk of enhanced penalties if convicted
Your decision about testing might affect both your driver’s license and criminal case outcomes.
Texas drivers should weigh their rights against potential consequences when interacting with law enforcement during suspected DWI stops. A qualified criminal defense attorney might help evaluate your specific situation and protect your legal interests.