When you are facing charges of driving while intoxicated, it’s important you have an attorney who is well-versed in the methods and procedures that the police use determine intoxication. This understanding could provide insight into developing an effective and strong defense. At JM Davis Law PLLC, our Lake Jackson DWI lawyer has researched and examined many of the methods Houston area police use to judge a motorist’s level of intoxication and can use this knowledge to help your case.
To learn more about our firm and how we can assist you, call (855) 390-0455.
In Texas, if you are pulled over by a police officer and suspected of drunk driving, the officer will likely administer several tests to determine is you are possibly intoxicated. These tests are known as field sobriety tests. Although the officer may administer a variety of tests, only the horizontal gaze nystagmus, one leg stand, and walk and turn tests are recommended by the National Highway Traffic Administration.
One of the interesting thing about field sobriety tests is that while they are recommended by the NHTSA, these tests are not conducted with scientific accuracy and often do not account for other factors which may alter the results of the test. In fact, for learning about how to conduct these test, the most police officers are taught by other officers instead of by medical or scientific professionals. According to research by the NHTSA, the three field sobriety tests they recommend to law enforcement have large margins for error.
During a breath test, you will be breathing through a small tube or hose that will use complex scientific measurements and principals to determine the amount of alcohol in your system. Unfortunately, this small chamber that your breath is passing through is hardly ever cleaned and seldom changed out. This can increase the chances of contamination for your breath sample. The breathalyzer also does not make adjustments for those who may have a body temperature higher than 98.6 degrees Fahrenheit or for other substances which can be read as alcohol by the machine.
To learn more about how our Lake Jackson DWI attorney may be able to help you, call our firm at (855) 390-0455 to set up a consultation.
If you know that you can pass the tests when asked to perform them, you can choose to take them--but keep in kind many peiple can't pass them when they are sober! attempt them.
Otherwise, tell the officer you’d like to contact a lawyer, and refuse the field sobriety tests without a lawyer present.
Another approach you could take is asking the officer if you’re required to take the field sobriety tests. The honest answer: no, you’re not.
Stay polite and courteous, but do not apologize or admit to anything. Don’t try to talk your way out of anything, as you will likely incriminate yourself indoing so.
Exercise your rights. When the officer asks you incriminating questions-How much have you had to drink? When did you have your first drink? and so on...explain that your are uncomfortable answering questions of a criminal nature without an attornery present-ask to have your attorney present for any questioning, and tell the officer you otherwise would like to exercise your right to remain silent. Regardless of his response to your statements (“You’re not under arrest” or “You don’t need an attorney”), remain silent.
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