What should I do if the
police officer asks me to watch his pen or do physical agility
You are under no obligation
whatsoever to perform any physical tests like watching a pen,
balancing on one leg, or walking a line. There is no legal
penalty for refusing those tests. Don't fall for a line like
"Well, if you refuse to do the tests, you're giving me no
choice but to arrest you". You may be arrested when you
refuse, but the officer really decided to arrest you before he
asked you to do the tests. Politely and respectfully declining
to do any tests prior to consulting with an attorney will go a
long way to helping your defense.
You have never taken these
tests, and the officer is not going to let you take a practice
run. Regardless of how well you THINK you can do
these tests, the officer will ALWAYS say that you
failed. If the officer asks you to take these physical
tests, tell him that you will not take ANY tests or
answer ANY more questions until you are allowed to
consult with an attorney.
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are for people 21 years or older, do not involve enhancements,
are not exclusive, and are limited to Texas.
**This page is for
informational purposes ONLY and must not be relied upon as legal
advice because it is NOT a substitute for the advice of a qualified
attorney, nor does it establish an attorney-client
Not certified by the Texas
Board of Legal Specialization.