What Do I Do if the Police Say I Failed a Field Sobriety Test?

 Posted on October 26, 2025 in DWI / DUI

Failing a field sobriety test during a DWI stop is not an automatic conviction. These tests are supposed to measure balance, coordination, and focus, but they are not always accurate. Many sober drivers do poorly on them for several reasons. If this happens to you, speak with an experienced San Antonio, TX DWI defense lawyer right away to fight to protect your driver’s license, record, and reputation.

How Do Police Determine Whether You Pass or Fail a Field Sobriety Test in Texas?

In Texas, officers usually use three tests approved by the National Highway Traffic Safety Administration (NHTSA). These include the Horizontal Gaze Nystagmus (eye test), the Walk-and-Turn, and the One-Leg Stand. These tests look for indicators like swaying, missing heel-to-toe contact, or using your arms for balance.

However, whether you pass or fail is at the officer’s discretion. There is no objective score or scientific threshold. Under Texas Transportation Code §724.011, drivers automatically consent to chemical testing if arrested. However, field sobriety tests are not required by law. Police officers mainly use these tests to build probable cause for a DWI arrest.

Can You Fail a Sobriety Test Even When You Are Not Drunk?

Sometimes, people fail field sobriety tests for reasons that have nothing to do with alcohol or drugs. Examples include:

• Uneven or slippery pavement that makes it hard to balance

• Nervousness or anxiety during the traffic stop

• Feeling tired or distracted after a long day

• Medical conditions, such as vertigo, back pain, or knee injuries

• Poor eyesight, age, or natural coordination issues

An officer could mistake simple balance issues for impairment. Even something as minor as stepping off the line could be interpreted as a sign of intoxication when you are sober.

What Happens After You Fail a Field Sobriety Test?

If an officer decides you failed, you will likely be arrested for DWI. Once arrested, you may be asked to take a breath or blood test to measure your blood alcohol content. Refusing that test can lead to an automatic driver’s license suspension of up to 180 days under §724.035. You only have 15 days from your arrest to request an Administrative License Revocation (ALR) hearing to fight that suspension.

After the arrest, you will be taken to jail, fingerprinted, and given a court date. You should avoid discussing your case with anyone but your attorney. As soon as possible, contact a defense lawyer who can review what happened during the stop and determine whether the officer had valid grounds for your arrest. The sooner you act, the better your chances of protecting your driving privileges.

Talk to an Experienced San Antonio, TX DWI Defense Attorney Today

With the right defense strategy, we can challenge the sobriety test findings and fight to have your charges reduced or dismissed. Attorney Lock, a respected DWI defense lawyer, began his legal career in civil litigation before serving as an Assistant Bexar County prosecutor in 1999. He founded Law Offices of Sam H. Lock in 2000 and has proudly served the citizens of Texas for 25 years. His background gives him a deep understanding of how prosecutors build DWI cases and how to fight them.

If you have been charged with a DWI, contact a San Antonio, TX DWI defense lawyer today at 210-226-0965 to schedule a consultation.