When the authorities suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also named field sobriety tests. Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his/her physical and mental coordination and ability to follow instructions. They are also used to establish a probable cause for arrest.
If you are stopped for suspected DWI, be courteous to the officer. Nonetheless , do not respond to inquiries about what you have had to drink or when.
Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
The three standardized field sobriety tests used by Houston police officers are:
The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When a person is intoxicated, it is believed that his or her eyes are more likely to twitch. Through the HGN test, law enforcement officer will hold an object in front of the driver and ask him/her to follow the object with his or her eyes. If the driver is unable to follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Having said that, it is important to note that Nystagmus is medical and physiological condition that is popular in a large amount of individuals, even when they are sober)
The One-Leg Test: the driver stands on one foot and raises the other leg six inches off the ground when counting out loud. The driver is expected to stand on one foot without raising his or her arms, losing balance, wobbling, hopping around, or putting the lifted leg down.
The Walk and Turn Test: the driver takes nine steps in a straight line touching heel to toe, stops, and then repeats the action in the other direction
In addition to these DWI tests, law enforcement officers could possibly require drivers to perform additional tests, such as:
- Finger to nose test
- Reciting the alphabet
- Counting backwards
- Balancing tests
Hire the Finest Houston DWI Lawyer!
If you did perform a field sobriety test and were arrested, it is important to contact the Most Dedicated Houston DWI Lawyer asap. Most police officers have already decided to charge you at this point, and are now simply looking for additional evidence to use against you in the courtroom. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that may cause people to appear intoxicated, including nervousness, age, lack of natural coordination, lack of proper instruction, weather, fatigue, illness, physical problems, disabilities, injuries, car headlights, weight, footwear, intimidation, and traffic distractions.
Other important advice:
After your police arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. While you should cooperate and be polite, you do not have to answer questions about how much you have had to drink and when. Exercise this right, and you will have a much better potential for avoiding a conviction.
You also have the right to legal counsel. This is a constitutional right that should be observed in order to provide defendants in criminal cases the opportunity to prove their innocence. By consulting a Houston DWI lawyer as soon as possible after a DWI charge, you will give him or her a better chance of making a positive effect on your case.
If you are arrested, be sure that you contact the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing relating to your license suspension. A failure to schedule this hearing will bring about the automatic suspension of your license.
Most importantly, get in touch with the Most Dedicated Houston Attorney as soon as you are able to. Having a skilled lawyer at your side as early in the process as possible will mean that your legal rights will undoubtedly be protected and you will have the greatest opportunity of avoiding license suspension and a conviction.
Houston DWI Defense: The Leading Houston Criminal Defense Attorney
If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an experienced Houston DWI attorney to investigate your case and represent you in the courtroom. The Most Qualified Houston Criminal Defense Attorney will use their expertise to fight the criminal charges brought against their clients and protect their rights. They will question the arresting officer’s ability to properly conduct a field sobriety test, and make sure the police officer did not violate their clients’ legal rights throughout the charge. In addition, they will be dedicated to providing every client with personalized attention, viable options, and aggressive DWI defense. They will not stop working until they obtain a favorable result, and see that justice has been served.