What Happens if I Refuse Field Sobriety Testing?

 Posted on April 22, 2024 in DWI

In Texas, you cannot be forced against your will to submit to field sobriety testing. You have the right to refuse field sobriety tests after you are pulled over on suspicion of drunk driving. However, there are some consequences for refusing to submit to these tests. The police officer who pulled you over will probably decide to arrest you anyway, and your driver’s license will be suspended whether or not you are later charged with a DWI. However, you may be able to contest this suspension at a later time. In some cases, you might also be subjected to mandatory chemical testing, which can be done without your consent. If you find yourself in legal trouble for allegedly driving drunk or for refusing field sobriety tests, you need an experienced Frisco, TX DWI defense lawyer.

Are There Any Benefits to Refusing a DWI Field Sobriety Test? 

People who are perfectly sober sometimes “fail” field sobriety tests. If you submit to these tests, you may be giving the prosecution evidence to use against you in court. If you refuse these tests, there is less evidence to use against you. The state would need to find other ways to prove that you were intoxicated. Although your license will be suspended, you may be less likely to be convicted of DWI.

When is Chemical Testing Mandatory? 

Under certain circumstances, your blood could be drawn over your objections to test your B.A.C. In these cases, the police will be able to determine your level of intoxication whether or not you agree to field sobriety tests. Circumstances where you can be forced to submit to chemical testing include:

• No-refusal weekends - During these periods, officers can easily obtain a warrant to take your blood for B.A.C. testing if they suspect you of drunk driving. 
• Accident with injuries or fatalities - If you were involved in a car accident that left someone injured or caused a death, your blood can be drawn by force. 
• Previous DWIs - If you have previous DWIs on your criminal record, the police may be able to force you to submit to chemical testing. 
• Minor in the car - If you had a passenger under the age of 18 years old in the car, you may be required to submit to a blood test. 

Contact a Frisco, TX DWI Lawyer 

Law Offices of Biederman & Burleson P.L.L.C. is experienced in helping people who have been arrested on suspicion of DWI. Our dedicated Collin County, TX DWI attorneys have won more than 500 trial victories in DWI cases. Contact us at 469-333-3333 for a complimentary consultation.