830.213.2879 830.423.5860 713.597.2086

Unfair Field Sobriety Tests – Why You Should Refuse

It is our opinion that unfair field sobriety tests, which can be used as a test of sobriety in the state of Texas, are unjust to the citizens who are asked to participate in them. The pressure to maintain arrest rates leads many officers to have tunnel vision when it comes to roadside exercises—and their subjective opinion can have a devastating effect on your life.

Unfair in Nature

Everything about these tests is unfair. You are asked to do a physical test, regardless of ability, and you are given no chance to practice the test and you are not informed of how the test will be graded. In the opinion of our Houston DWI lawyers, that in and of itself should be enough to have these tests removed from the standard roadside sobriety exam, but they doggedly persist within the system.

Unfair Field Sobriety Tests: Body Condition Can Change How You Perform

The fact that your body condition can innocently alter your ability to perform is one of the most unjust aspects of the roadside exercises Texas citizens are asked to participate in.

Your age, your weight, your gender, pre-existing injuries or other body conditions can cause your results to differ from what the officer is expecting—which means you can fail their test even if you are completely innocent of DWI. Our Houston criminal lawyers note that officers are not trained to understand how a person’s physical condition can affect their results.

It’s Their Opinion

Thanks to this lack of training, there is no consistency in how different officers will judge the same unfair field sobriety tests. Their verdict is entirely their opinion of how you performed, and the pressure to arrest often means that an officer will ignore the innocent reasons behind your performance and focus on the more sinister option.

Because roadside exercises are so subjective in nature, your Houston criminal defense attorneys encourage you to refuse the invitation to perform any standardized field sobriety tests. Remember, implied consent does NOT require you to participate in these tests.


As always, if you have any questions, or feel you have been wrongfully convicted of a DWI, contact us today!

Let us start fighting

for you now!


Areas We Serve

Let us answer your Texas DWI Questions

Texas DWI Questions

  • What is a DWI 3rd or more and the potential punishment?
  • What is a felony DWI?
  • What is DWI 2nd and the potential punishment?
  • How long will a DWI arrest or a DWI conviction in Texas stay on my record? How will it affect my automobile insurance rates?
  • What is an administrative license revocation (ALR), and why is it important to have an ALR hearing?
  • What are the penalties for a DWI in Texas?
  • What is DUI and its potential punishment?
  • What is DWI and its potential punishment?


According to the State of Texas, a DWI third offense is when an individual is arrested for DWI and has previously been convicted two times of DWI. If you are convicted of a third DWI, this third-degree felony can result in A fine up to $10,000 Betwe ...

read more

Felony DWI in Texas charges are very serious and can have a major impact on your life beyond just the punishment stated. A felony conviction can disqualify you from voting, obtaining certain jobs, renting certain apartments, and owning a firearm. T ...

read more

DWI 2nd is a serious charge. According to the State of Texas, a DWI 2nd charge is when you are arrested for DWI and have previously been convicted once of driving while intoxicated. There is no limit to how old your previous conviction may be in orde ...

read more

A DWI conviction produces a permanent record. It is also important to note that a DWI probation, which is also a final conviction, will remain permanently on your criminal record. If, however, your DWI conviction case results in a dismissal, then the ...

read more

The best reason to request an administrative license revocation hearing or ALR hearing, first and foremost, is to try to save your driver’s license. The ALR Program is “a civil administrative process unrelated to criminal court proceedings, i ...

read more

THE PENALTIES FOR DWI IN TEXAS ARE: The First-Offense penalties for DWI conviction with less than a .15 BAC includes the possibility of a fine not to exceed $2,000.00 and/or a jail sentence from 3 days to 180 days, and a driver’s license suspensio ...

read more

Before 1983, DUI meant driving under the influence of drugs or narcotics, but now it only pertains to minors. In Texas, it is never permissible for minors to have any alcohol in their body and drive. DUI punishment as a result of a charge does not re ...

read more

DWI is a criminal offense which prohibits you from operating a motor vehicle in a public place while “intoxicated” is defined as having lost the normal use of either mental or physical faculties, or having a .08 alcohol level in either your breat ...

read more

Past Results from actual DWI clients

Television reporter with spouse was in a one-car accident after hitting a tree. .20 BAC — Case Dismissed


President of brokerage firm was arrested driving home after a meeting with colleagues. Registered a .19 blood test. - Not Guilty.


Business owner was arrested for DWI while driving home after company birthday party. - Not Guilty.


College student was arrested for DWI on beach over spring break. Failed blood test. - Not Guilty.