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Ayson Law Firm Aggressive Criminal Defense Representation in Houston
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Field Sobriety Tests Are Not Always Effective


Law enforcement officials rely on a variety of tests to determine if someone is under the influence while operating a vehicle. Chemical tests are scientific, they point to how much alcohol is in a person’s blood, for example. But field sobriety tests can be subjective and are often presented alongside the testimony of an arresting officer.

There are a variety of reasons why a person who is not guilty of a DWI would fail to pass a field sobriety test. A medical condition could interfere with results or outside distractions could make it difficult to impossible for a person to follow directions and focus. If you were arrested after being given a field sobriety test in Texas, connect with a Houston DWI lawyer.

Arrests and Refusing a Field Sobriety Test

You do not have to take a field test if you are stopped by a law enforcement official. If you refuse a field sobriety test you could be arrested but there would have to be other evidence to establish guilt, in most situations. It may feel like you need to take a field sobriety test simply because an official asks you to but that is not always true.

There are issues with chemical tests as well, but they are objective as they are detecting the presence of a substance in an individual’s breath, blood, or urine. In contrast, a field sobriety test could be a path to a law officer underscoring their own opinion. You are not legally obligated to take the test in Texas but many, many individuals agree to them because they do not realize how problematic the tests can be.

No Refusal Timeframes

The state of Texas has no refusal weekends, this means law enforcement officers are able to obtain chemical test warrants quickly and efficiently. No refusal weekends are typically scheduled when it is common for people to gather and drink, such as New Year’s, the Super Bowl, July Fourth, and more.

You may be obligated to take a chemical test during a no refusal weekend. A judge will quickly issue the warrant and the police officer can then move forward. It is in your best interests to respect laws all the time, including on no refusal weekends, and choose a designated driver or hire a ridesharing service if you are planning to be in an environment where you will possibly be ingesting alcoholic beverages.

No refusal weekends are not unexpected, they are planned and publicized timeframes. And while you may be asked to take a breathalyzer test, it is still not illegal to refuse it, even on a no refusal weekend. That said, each situation is unique, talk to a Houston DWI lawyer to understand your rights.

Do you have questions about sobriety tests and your rights? Our experienced legal team can defend you and explore your options. We have the knowledge to protect you whether you were charged with a DWI in connection to alcohol or prescription drug use. Reach out to the legal team at Ayson Law Firm to understand your rights. Contact us today for a free consultation with a Houston criminal defense attorney today.

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