Refusing Field Sobriety or Chemical Tests: What You Need to Know
When faced with a DWI stop, many people wonder if they should refuse to participate in Field Sobriety Tests (FSTs) or a chemical test, such as a breathalyzer or blood test. While refusing these tests might seem like a way to avoid incriminating evidence, it can have significant legal and practical consequences.
As a practicing lawyer for over 20 years in criminal law, I’m here to challenge common assumptions and shed light on the nuanced realities of refusal. Let’s examine the pros, cons, and legal consequences so you can better understand your options if you find yourself in this situation.
The Misconception: Refusing Means Avoiding Consequences
Many people believe that refusing tests during a DWI stop will prevent law enforcement from gathering evidence to convict them. While it’s true that refusal limits certain types of evidence, it doesn’t mean you’re off the hook. In fact, refusal often triggers immediate consequences that can complicate your case.
Field Sobriety Tests: To Refuse or Not to Refuse?
Field Sobriety Tests Are Optional
Field Sobriety Tests are physical tasks designed to gauge impairment, such as walking a straight line or standing on one leg. They are subjective and prone to errors and are challenging to do well, even when sober.
Pros of Refusal
- Avoid Subjective Evidence: These tests rely on the officer’s interpretation, which can be biased or flawed.
- Reduce Self-Incrimination: Failing a test, even due to fatigue or medical conditions, could provide evidence against you.
Cons of Refusal
- Implied Suspicion: Refusal may make the officer (or jury) more suspicious, but if you are being asked to do SFSTs, you are probably already going to jail.
- Used Against You: In Texas, refusal to perform FSTs can be mentioned in court as evidence of possible impairment.
Expert Insight
Declining Field Sobriety Tests may be the smarter move if you’re concerned about an officer misinterpreting your performance. However, refusal alone does not prevent an arrest. If you know you have balance issues and haven’t had any alcohol or drugs, you may want to tell the officer this and agree to HGN ONLY.
Chemical Tests: The Stakes Are Higher
Implied Consent in Texas
Texas has an implied consent law, meaning that by driving on Texas roads, you agree to submit to chemical tests (breath, blood, or urine) if lawfully arrested for DWI.
Pros of Refusal
- Limits Evidence: Refusing a chemical test prevents law enforcement from obtaining direct proof of your Blood Alcohol Concentration (BAC).
- Challenges in Court: Without chemical evidence, the prosecution may rely on circumstantial evidence, which can be easier to dispute.
Cons of Refusal
- Immediate License Suspension: Refusing a chemical test triggers an automatic suspension of your driver’s license for up to 180 days under the Texas Department of Public Safety, UNLESS you contest that automatic suspension by requesting an ALR hearing.
- Admissible Refusal: In court, prosecutors can argue that your refusal indicates guilt.
- Forced Blood Draws: In some cases, such as accidents or prior DWI convictions, officers can obtain a warrant to conduct a blood draw despite your refusal. In Harris County, police can apply for a blood search warrant even on a DWI 1st.
Expert Insight
While refusing a chemical test limits certain evidence, it can lead to harsher penalties, especially for repeat offenders. This decision requires careful consideration of the immediate consequences and the long-term impact on your case. Generally, if you know you have consumed any alcohol or drugs, it may be wiser to refuse the blood test. Putting more layers and applicable Constitutional requirements in the chain of events may be to your benefit.
Key Consequences of Refusal in Texas
- License Suspension:
- First refusal: 180 days
- Second refusal: Two years
- You can challenge this suspension by requesting an Administrative License Revocation (ALR) hearing within 15 days.
- Courtroom Strategy:
- Refusal doesn’t guarantee victory. Prosecutors often emphasize refusal as evidence of impairment, arguing that you refused because you knew you were intoxicated.
- Repeat Offenders Face Harsher Penalties:
- If you have prior DWI convictions, refusal can escalate the severity of your case and penalties.
The Bigger Picture: What’s the Best Move?
When Refusal Makes Sense
- If you believe the officer lacks valid grounds for the stop, refusal may give your attorney more leverage to challenge the stop’s legality.
- If you’re aware of medical or physical issues that could skew test results (e.g., neurological conditions, diabetes, or injuries). It may also be helpful to verbalize these issues to the officer on scene so there is documentation at the time that you have those issues.
When Compliance Is Better
- If you’re very confident that you are below the legal BAC limit and your driving wasn’t erratic.
- If you want to avoid the immediate consequences of refusal, such as license suspension.
Expert Perspective
Refusal is a choice you may have to make in life. It can protect you from certain incriminating evidence but might also result in harsher penalties for your driver’s license, or undermine your credibility in court. An experienced DWI defense attorney can evaluate your specific circumstances and recommend the best course of action. Generally, the less evidence the government has against you, the better it is for your case.
Final Thoughts: Why Legal Counsel Matters
I hope the easier choice you have to make is whether to go with Uber X or Uber Black if you plan on going out and consuming alcohol, instead of driving, and then having to choose whether to do SFSTs. Whether you refuse or comply, a DWI arrest can have serious consequences, including license suspension, fines, and even jail time. The key to minimizing these penalties is hiring an expert criminal law defense attorney near you who understands the intricacies of Texas law and can tailor a defense strategy to your case.
At David Smith Law Firm, PLLC, we’ve successfully defended clients facing DWI charges. Whether you refused a test or complied, we’ll fight to protect your rights and secure the best possible outcome.
📞 Don’t wait—call us now! Schedule a free consultation by visiting https://www.davidsmith.law/contact-us/.
Your case deserves expert attention. Let’s protect your future together.
