Field Sobriety Tests In Galveston: Common Pitfalls And Defense Tips

Field Sobriety Tests In Galveston: Common Pitfalls And Defense Tips

As DWI defense attorneys in Galveston and across the Greater Houston area, we’re often asked whether field sobriety tests are reliable—and whether they can be challenged in court. These tests are a routine part of most DWI investigations in Texas, but that doesn’t mean they are always fair or accurate. The truth is that many field sobriety tests are poorly administered, misinterpreted, or affected by outside factors that have nothing to do with alcohol.

If you’ve been arrested after performing a field sobriety test, we want you to know this: You have rights. A failed test is not the end of the road, and a DWI charge does not mean a conviction. Law enforcement officers are trained to use field sobriety tests to build evidence, but they do not always follow the guidelines required under Texas law. Our job is to examine how those tests were conducted and whether they can be challenged in court.

Let’s take a closer look at how field sobriety tests work in Texas, the legal standards that apply, and the most common mistakes officers make that can lead to strong legal defenses.

What Are Field Sobriety Tests In Texas?

Field sobriety tests are physical and cognitive exercises police use during a traffic stop to assess whether a driver may be intoxicated. The three standardized field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA) are:

• Horizontal Gaze Nystagmus (HGN)
• Walk-and-Turn (WAT)
• One-Leg Stand (OLS)

These tests are intended to measure coordination, balance, attention, and eye movement. However, their accuracy depends heavily on how they are administered and interpreted—and that’s where many problems begin.

In Texas, officers are trained to use these tests to help establish probable cause for a DWI arrest under Texas Penal Code § 49.04, which makes it illegal to operate a motor vehicle in a public place while intoxicated.

Common Mistakes Officers Make During Field Sobriety Tests

We’ve reviewed countless DWI cases in Galveston where field sobriety tests were mishandled. These are some of the most frequent issues we see:

• Improper Instructions – If the officer fails to clearly explain or demonstrate the test, the results may be unreliable.
• Non-Standardized Conditions – Poor lighting, uneven pavement, or weather conditions can affect your ability to perform the test, even if you’re sober.
• Medical Conditions – Injuries, age, weight, or neurological conditions may cause performance issues unrelated to alcohol.
• Improper Scoring – Officers may miscount steps, overlook valid explanations for missed cues, or ignore signs that a person is trying their best to comply.
• Bias Or Prejudice – Once an officer believes you’re intoxicated, confirmation bias can lead them to interpret your actions unfairly, even if you follow instructions.

When we build a DWI defense, we carefully evaluate whether each test was conducted correctly, whether your performance was judged fairly, and whether the officer followed NHTSA guidelines.

Can You Refuse A Field Sobriety Test In Texas?

Yes. In Texas, you are not legally required to take a field sobriety test. These tests are voluntary, and refusing them does not carry a direct penalty like refusing a breath or blood test under Texas Transportation Code § 724.035 (which governs license suspension after chemical test refusal). However, officers may still arrest you based on other observations and may argue that your refusal suggests guilt.

That said, many attorneys—including us—advise clients to politely decline field sobriety testing, especially if they have physical limitations, are nervous, or fear being misjudged. It’s usually better to let us fight the arrest in court rather than give the officer potentially flawed evidence to use against you.

How Field Sobriety Tests Lead To Arrests

Field sobriety tests are designed to help officers establish probable cause for arrest, not to prove guilt beyond a reasonable doubt. However, once a person is arrested based on failed tests, they are likely to face DWI charges under Texas Penal Code § 49.04(a), which requires proof that the person was intoxicated while operating a motor vehicle.

In court, prosecutors often rely on video footage of the field sobriety tests, the officer’s testimony, and the results of breath or blood tests taken afterward. That’s why it’s critical to challenge every step of the stop, including the officer’s justification for requesting field sobriety testing in the first place.

Defending Against Field Sobriety Test Evidence In Court

As defense attorneys, we know how to challenge field sobriety test evidence effectively. Our defense strategy may include:

• Reviewing body cam and dash cam footage for inconsistencies
• Examining the officers’ training records to confirm whether they followed NHTSA protocol
• Presenting medical records or witness testimony that explains performance issues
• Highlighting road or weather conditions that could have made the test unfair
• Arguing that the officer lacked probable cause to make the arrest in the first place

No two cases are the same, and our job is to find the weak points in the prosecution’s evidence. The burden is on the state to prove guilt beyond a reasonable doubt, and field sobriety tests alone are rarely enough.

Frequently Asked Questions About Field Sobriety Tests In Texas

What Happens If I Fail A Field Sobriety Test In Galveston?

If you fail a field sobriety test, the officer may arrest you on suspicion of DWI. After the arrest, you may be asked to submit to a breath or blood test. It’s important to remember that a failed field test does not automatically prove intoxication, and we can often challenge the validity of those results in court.

Can I Refuse To Take A Field Sobriety Test In Texas Without Losing My License?

Yes. Field sobriety tests are not chemical tests, and you are not required by law to take them. Refusing a field sobriety test does not result in an automatic license suspension. However, if you refuse a breath or blood test after being arrested, your license could be suspended under Texas’s implied consent law.

What If I Have A Medical Condition That Affects Balance Or Coordination?

We regularly use medical records and expert testimony to explain how medical conditions can impact field sobriety test performance. Conditions such as vertigo, knee or back injuries, arthritis, or neurological issues can all affect your ability to perform the tests—even if you haven’t had anything to drink.

Can I Be Arrested Even If I Pass The Field Sobriety Test?

Yes. Field sobriety tests are just one factor in a DWI investigation. An officer may still arrest

you based on other observations, such as slurred speech, bloodshot eyes, or the smell of alcohol. However, passing the tests can provide strong evidence in your favor, and we will use that to challenge the arrest.

How Reliable Are Field Sobriety Tests?

The standardized field sobriety tests have varying levels of reliability. For example, the Horizontal Gaze Nystagmus test has about 77% accuracy when properly administered. The Walk-and-Turn and One-Leg Stand tests are less reliable, especially if conditions are not ideal. Many courts accept these tests, but they can be successfully challenged with the right defense strategy.

Can Weather Or Road Conditions Affect Field Sobriety Test Results?

Yes. Rain, wind, uneven pavement, gravel, or poor lighting can make it difficult for anyone to perform these tests properly. These conditions can introduce error into the officer’s evaluation, and we use that to challenge the reliability of the results in court.

Will My DWI Case Be Dismissed If The Field Sobriety Tests Were Done Incorrectly?

Improperly administered field sobriety tests can weaken the prosecution’s case. In some cases, this may lead to a dismissal or a reduction in charges. In others, it gives us strong leverage during plea negotiations or trial. Every case is unique, but flawed tests are always a focus in our defense.

What Should I Say If An Officer Asks Me To Do A Field Sobriety Test?

You can politely say, “I prefer not to take any field tests.” You are not required to explain yourself. It’s also wise to avoid admitting to drinking or guessing your BAC. Say as little as possible and ask to speak to an attorney as soon as you are allowed.

How Long Do I Have To Fight My DWI Arrest?

You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver’s license for refusing a breath or blood test. The criminal case may take longer, but acting quickly helps us build a stronger defense and preserve key evidence.

Can The Officer’s Dash Cam Help My Case?

Yes. We often obtain dash cam and body cam footage to evaluate whether the officer followed proper procedures. If the video contradicts the officer’s report or shows you performed the tests reasonably well, that footage becomes a key part of your defense.

Call Mark Diaz & Associates For DWI Defense You Can Rely On

At Mark Diaz & Associates, we understand what’s at stake when you’re facing a DWI charge. A failed field sobriety test does not mean you’re guilty, and you should never assume the case against you is airtight. We have defended countless clients in Galveston and Houston by challenging the way field sobriety tests were administered, and we’re ready to do the same for you.

If you or someone you care about has been arrested after a field sobriety test, contact our Texas DWI defense attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. We represent clients throughout Galveston and the Houston metro area. Let us help you protect your record, your license, and your future.