Most Effective Houston Lawyer » Charged With DWI? This Is How you can Beat It.

11 Aug

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 called field sobriety tests.  Field sobriety tests help law enforcement determine a driver’s level of intoxication by challenging his or her physical and mental coordination and ability to follow instructions.  They’re also utilized to establish a probable cause for criminal arrest. 

If you are stopped for suspected DWI, be courteous to the police officer. However, do not respond to 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 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/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 cannot follow the object, or if his/her eyes start twitching, then it is taken as a sign of intoxication. (Even so, it is vital to note that Nystagmus is medical and physiological condition that’s common 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 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 require drivers to perform additional tests, including:

  • Finger to nose test

  • Reciting the alphabet

  • Counting backwards

  • Balancing tests

Hire the Best Houston Lawyer:
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Houston Criminal Lawyer

If you did perform a field sobriety test and were arrested, it is very important to speak to the Most Qualified Houston Criminal Defense Lawyer right now. A good number of police officers have already decided to arrest 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 individuals 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 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. While you ought to cooperate and be polite, you do not need to answer questions about how much you have had to drink and when. Exercise this priviledge, and you will have a far greater chance of avoiding a conviction.

  • You also have the right to legal counsel. This is a constitutional right that needs to be observed in order to provide defendants in criminal cases the opportunity to prove 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. A failure to schedule this hearing will result in the automatic suspension of your license.

  • Most importantly, speak to the Finest Houston Criminal Lawyer as soon as you can. Having a competent attorney at your side as early in the process as possible will mean that your protection under the law will probably be preserved and you will have the greatest opportunity of avoiding license suspension and a conviction.

Houston DWI Defense: The Most Effective Houston Attorney:
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If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is very important to hire a highly skilled Houston DWI attorney to investigate your case and represent you in court. The Most Effective Houston Criminal Lawyer will use their expertise to battle 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 officer did not violate their clients’ 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.