Stopped For DUI Or DWI In Texas? Here Are Important Things To Do
Walking on a Straight Line is a test a sober person can fail. It’s even more difficult for suspects to pass. Because they are very nervous, they will likely end up walking the incorrect number of steps. What results from this is a failure. In most cases, the straight line is imaginary or invisible. So when you look at it, it’s very subjective, and the person conducting the tests assumes you are guilty.
Another subjective assessment is the Horizontal Gaze Nystagmus Test. The police officer will have to approximate the angle at which the eyes will follow the light or object being used. There’s really no instrument that’s offered. So when you look at it, it’s more of a guess by somebody already predetermined of your guilt.
Test Is Subjective
The entire field of sobriety evaluation is highly unreliable and subjective. For instance, there was a study conducted on trained officers giving out the test. The police officers in the study graded the same individual who took the test. However, they disagreed about the results. You may find yourself passing with one police officer and failing with another. It’s your luck.
So it’s basically invalid. It does not really measure intoxication levels accurately. This is why attorneys advise you not to take it. Even if you are sober, just respectfully, and firmly refuse to take any test.
V. Portable Alcohol Breathalyzer
You may find those police officers have erroneous hand-held alcohol breathalyzers. They might ask you to blow in one of them.
The purpose of these tests is to try to argue you are intoxicated. This would assist in justifying why you have been pulled over under suspicion of DUI and possibly your arrest.
VI. Police Station Breath Test
At the police station, you will be needed to undergo an alcohol breath estimator machine. You can decline to take this test but will have to pay the penalty for not relinquishing your Constitutional right to incriminate yourself. Think of it as a license suspension for a while, and the penalty gets bigger the longer you hold out on the test.
VII. Recording Police
Under the First Amendment of the Constitution, the right to record the officer on duty is protected when they are operating in any public space. The police officer shall, in turn, not destroy or erase the recorded footage.
Police officers are aware it’s perfectly legal to videotape them in public. The exception is if you are causing interference.
They don’t like it when you start recording them after getting pulled over. They may even lie it is illegal. Throughout America, it’s perfectly legal.
A dashcam records and can prove who’s responsible for the crash, including the license plate number. This can help with your insurance premiums.
Most Attorneys suggest that you record your encounter with the police officer. This can assist in proving the police officer was breaching your rights. Make sure he/she isn’t aware of the recording.
The Butler Law Firm has the experience needed to make sure those charged with the criminal offense of DWI, or DUI have the best chance of a successful outcome and that through the process of law, all of their rights are protected. You should contact Mr. Butler immediately for a free consultation to discuss the details of your case.