When police officers suspect an individual has been driving under the influence, they will ask him/her to perform a series of standard tests, also designated field sobriety tests.? Field sobriety tests help police determine a driver's level of intoxication by challenging his/her physical and mental coordination and capacity 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 officer. Nonetheless , do not answer inquiries 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 law enforcement 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, the police 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. (However, it is important to note that Nystagmus is medical and physiological condition that is common in a large amount of men and women, even though 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 Guide 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 may require drivers to perform additional tests, including:Finger to nose testReciting the alphabetCounting backwardsBalancing tests
Hire the Leading Houston Attorney! If you did perform a field sobriety test and were arrested, it is crucial to speak to the Most Respected Houston Criminal Defense Lawyer immediately. Most police officers have already decided to arrest you at this point, and are now just 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 can certainly cause people to appear intoxicated, that include 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 information:
After your criminal arrest, you have the right to remain silent. You do not need to answer questions or submit to formal questioning about the case. Although you should 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 much better chance of avoiding a conviction.
You also have the right to legal counsel. This is a constitutional right that must be observed in order to give defendants in criminal cases the opportunity to demonstrate their innocence. By consulting a Houston DWI criminal defense lawyer as soon as possible after a DWI charge, you will provide him or her a better chance of making a positive effect on your case.
If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only 15 calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.
Most importantly, speak to the Finest Houston Attorney as soon as you are able to. Having a competent lawyer at your side as early in the process as possible will mean that your protection under the law will undoubtedly be defended and you will have the very best opportunity of avoiding license suspension and a conviction.
Houston DWI Defense: The Leading Houston Criminal Attorney
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 court. The Finest Houston Criminal Defense Attorney will use their expertise to battle the 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 officer did not violate their clients' legal rights through the charge. 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 obtain a favorable result, and see that justice has been served.
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