When the police 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 law enforcement officials determine a driver's level of intoxication by challenging his/her physical and mental coordination and capacity to follow instructions. They are also utilized to establish a probable cause for criminal arrest.
If you happen to be pulled over for suspected DWI, be polite to the police officer. Nevertheless , do not respond to any 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 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/her eyes are more likely to twitch. During 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 or her eyes start twitching, then it is taken as a sign of intoxication. (On the other hand, it is crucial to note that Nystagmus is medical and physiological condition that's popular in a large amount of folks, even if 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 may very well require drivers to perform additional tests, including:
Finger to nose test
Reciting the alphabet
Counting backwards
Balancing tests
Hire the Most Effective Houston Lawyer!
If you did perform a field sobriety test and were arrested, it is very important to speak to the Most Effective Houston Attorney asap. A good number of law enforcement officers have already decided to arrest you at this point, and are at this point simply looking for more evidence to use against you in court. Many attorneys believe field sobriety tests are inaccurate, subjective, and designed for failure. There are many factors that might 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 details:
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. Although you should cooperate and be polite, you do not need to respond to questions about how much you have had to drink and when. Exercise this priviledge, 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 provide him or her a better chance of making a positive influence on your case.
If you are arrested, be sure that you contact the Texas DPS as soon as possible. You have only 15 calendar days to schedule an ALR (Administrative License Revocation) hearing relating to your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.
Most importantly, contact the Recommended Houston DWI Lawyer as soon as you can. Having a competent lawyer at your side as early in the process as possible will mean that your rights is going to be protected and you will have the greatest opportunity of avoiding license suspension and a conviction.
Houston DWI Defense: The Best Houston Attorney
If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is very important to hire an expert Houston DWI attorney to investigate your case and represent you in court. The Most Respected Houston Criminal Lawyer 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 police officer did not violate their clients' legal rights in the course of the arrest. Furthermore, they will be dedicated to providing every client with personalized attention, viable choices, 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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