When law enforcement 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 officials determine a driver's level of intoxication by challenging his/her physical and mental coordination and ability to follow instructions. They're also used to establish a probable cause for criminal arrest.
If you are stopped for suspected DWI, be courteous to the police officer. Even so , do not answer questions about what you have had to drink or when.
Politely refuse to undergo 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 an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. During the HGN test, the police officer will hold an object in front of the driver and ask him/her to follow the object with his/her eyes. If the driver is unable to follow the object, or if his or her eyes start twitching, then it is taken as a sign of intoxication. (However, it is important to note that Nystagmus is medical and physiological condition that is commonplace in a large amount of men and women, 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/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, police officers could possibly require drivers to perform additional tests, such as:
Finger to nose test
Reciting the alphabet
Counting backwards
Balancing tests
Hire the Most Dedicated Houston DWI Lawyer!
If you did perform a field sobriety test and were arrested, it is very important to speak to the Most Dedicated Houston Criminal Lawyer right now. The majority of police officers have already decided to charge you at this point, and are now simply looking for more 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 might cause people to appear intoxicated, most notably 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 arrest, you have the right to remain silent. You do not need to respond to questions or submit to formal questioning about the case. While it is best to cooperate and be polite, you do not need to answer questions about how much you have had to drink and when. Exercise this right, and you will have a far greater potential for avoiding a conviction.
You also have the right to legal counsel. This is a constitutional right that needs to be observed in order to give defendants in criminal cases the opportunity to establish their innocence. By consulting a Houston DWI lawyer as soon as possible following a DWI charge, you will provide him or her a better chance of making a positive influence on your case.
If you are arrested, be sure that you get in touch with the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will bring about the automatic suspension of your license.
Most importantly, speak to the Finest Houston Attorney as soon as you are able to. Having a knowledgeable lawyer at your side as early in the process as possible will mean that your legal rights will likely be preserved and you will have the very best opportunity of avoiding license suspension and a conviction.
Houston DWI Defense: The Best Houston Criminal Defense Lawyer
If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is crucial to hire a highly skilled Houston DWI attorney to investigate your case and represent you in the courtroom. The Leading Houston Criminal Attorney will use their expertise to battle the charges brought against their clients and protect their legal 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' rights during the arrest. In addition, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.
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