Stopped For DUI Or DWI In Texas? Here Are Important Things To Do
And that’s precisely why defense attorneys recommend that you give the officer(s) the required documents and don’t talk. Giving them the materials they have requested is much safer and easier than talking. Under these circumstances, it’s reasonable to be uneasy and nervous-making you say all the wrong things.
III. In-car Sobriety Test
If you are stopped under suspicion of DWI, the police officer may assess your state while in the vehicle. S/he may request you to start counting backward or say the alphabet from E to I or touch every fingertip to your thumb while counting in sequence on the same hand.
Most of the drivers who are stopped under suspicion for DWI may be nervous and possibly upset. More often than not, it’s challenging for sober people to perform such tasks to perfection. But you should bear in mind that failure to do so with providing sufficient grounds for arresting you.
However, you aren’t really required to undergo tests like those, regardless of what the police may be promising or saying. You stand to gain nothing but may end up losing way more. Most attorneys recommend that you politely and respectfully refuse to comply.
IV. Field Sobriety Test
Chances are that the officer will most definitely ask you to undergo a sobriety test. Police officers came up with these tests to make getting a conviction easier. Typically, the test usually involves three sections.
- Walking on a straight line involves the suspect walking toe-to-heel a certain number of steps and then reversing the process. But the turn has to be made in a very specific manner.
- One-leg Stand Test: As the suspect, you may be asked to stand on one leg and count from a thousand.
- Horizontal Gaze Nystagmus Test: This is where the suspect follows an object or light with their eyes.
To re-iterate, you don’t have to undergo the test or do anything you aren’t comfortable with. As a matter of fact, no state mandates you to take a field sobriety test. It does not matter what the police may threaten to do or say. Investigating a potential DUI is considered a criminal investigation. It’s, therefore, permissible in court if the police officers lie.
There’s nothing that you’ll gain from cooperating and stand to lose significantly more. Because of this, most attorneys will urge you to refuse politely.
Most Sober People Fail The Test
One major downside about the test is that it is difficult for the majority of sober persons to pass it.
Studies suggest that 30% of sober individuals fail. And that’s when the conditions are ideal. With other vehicles rushing past, no blinking lights, anxiety, uneven surface, and so forth. However, a third of people fail the test even though they have a BAC of 0.000%.
For instance, take into account the One-leg Stand. It’s not really a sure proof method of establishing intoxication. However, it’s an excellent test for indicating age. One way of determining the age of a person is by how long they can stand. It also assists in diagnosing several neurological or physical problems.