Do you have to complete field sobriety tests if you’re pulled over by the police? My name is Justin Wilson. I’m the founder and senior attorney at My Dallas Criminal Lawyer, a criminal defense firm based in Frisco, Texas. Before starting the firm, I served as a prosecutor in the Collin County District Attorney’s Office.
No, You Do Not Have to Complete SFSTs
One of the questions we get all the time is: if I’m pulled over, do I have to complete those standard field sobriety tests? The answer is no. You do not have to complete those tests.
What Texas Law Does Require You to Provide
The only information you are required by Texas law to provide to an officer who has detained you is your name, your date of birth, your residence address, and your driver’s license number. That is required under Section 38.02 of the Texas Penal Code. If you fail to provide that information, you could be charged with a misdemeanor offense for failure to identify.
Arrested for DWI?
If you or someone you know has been arrested for a DWI, reach out to us at My Dallas Criminal Lawyer. From our Frisco office we defend DWI cases across Collin, Denton, and Dallas Counties. Call (214) 764-5535 and schedule your free DWI consultation today.
Related: How to beat a DWI charge in Texas
Frequently Asked Questions
Do I have to take the field sobriety tests at a Texas traffic stop?
No. You are not required to complete the standard field sobriety tests.
What information do I have to give police at a stop?
Under Section 38.02 of the Texas Penal Code, once detained you must provide your name, date of birth, residence address, and driver’s license number. Refusing to provide those can lead to a failure-to-identify misdemeanor charge.
Can refusing the SFSTs be used against me?
Refusing the tests denies officers the clues they use to build probable cause. Every case is different, which is why you should speak to a DWI attorney immediately after any arrest.
