What Happens if You Refuse a Field Sobriety Test?

Complete refusal often means a trip to jail and a successful outcome.

Suspects who refuse to perform a DWI field sobriety test, whether the test is approved or unapproved, almost always go to jail. However, when officers ask suspects to take FSTs, they usually arrest those suspects anyway. Additionally, the long-term effect of FST refusal is usually beneficial. Without such evidence, prosecutors are hard-pressed to establish guilt beyond any reasonable doubt.

Severe proof problems create multiple opportunities for a Ft. Worth criminal defense lawyer. Pretrial diversion on a plea to a lesser included offense, such as reckless driving, may be available in some cases. Usually, however, a Ft. Worth criminal defense lawyer forces the state to go to trial in these cases. If a reasonable alternative explanation is available (more on that below), the chances of a conviction are slim to none.

How to Refuse

News reports often feature stories of law enforcement contacts that ended very badly for everyone involved. There is a right way and a wrong way to refuse to perform FSTs.

Initially, suspects should understand that, in most cases, the contacts are not personal and police officers are not “out to get them.” However, police officers have a job to do. Their job is to arrest as many people as possible.

Next, suspects should know the FSTs and the purpose of these tests. The horizontal gaze nystagmus test (the follow-my-finger test) is a good example.

Many suspects have taken HGN tests at doctors’ offices. So, they believe the HGN test is a health and safety test. But administering officers usually do not care about a suspect’s health and safety. They administer the HGN test to look for evidence of intoxication.

Finally, suspects should know their rights and responsibilities, and they should know how to assert those rights.

Everyone, suspects and non-suspects, must follow basic law enforcement commands, such as pull over to the side of the road or step out of the car. However, everyone has a right to refuse to answer questions or, in this case, perform physical tests.

Be respectful and brief. Remember the police officer is doing a dangerous job and deserves respect. Do not argue with the police officer. Let your Ft. Worth criminal defense lawyer do the arguing in court.

Complete Refusal DWIs

Most DWI prosecutors rely on FST evidence, or better yet chemical test evidence, to establish guilt at trial. Without such evidence, they must normally rely on weak circumstantial evidence, such as:

• Erratic Driving: Alcohol inhibits judgement and motor skills, leading to erratic driving. People may also drive erratically because they do not know where they are going, are nervous because a police officer is following them, or for many other reasons.
• Physical Symptoms: Alcohol consumption causes certain physical symptoms, such as bloodshot eyes. Other causes of bloodshot eyes include fatigue, allergies, smoking, and the list goes on.
• Oral Statements: You cannot talk your way out of a speeding ticket, and you certainly can’t talk your way out of a DWI. Never admit alcohol use. This admission is basically an admission of intoxication.

At best, this evidence only establishes alcohol consumption. It’s not illegal to drink and drive. It’s illegal to drive while intoxicated.

Connect With a Savvy Tarrant County Attorney

Complete refusal DWIs are difficult to prove in court. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.