What should I do if the police officer asks me to watch his pen or do physical agility tests?


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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*All answers 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 relationship.

Not certified by the Texas Board of Legal Specialization.

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