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 named 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 capacity to follow instructions. They are also used to establish a probable cause for arrest.
If you are pulled over for suspected DWI, be polite to the officer. On the other hand , 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 Austin police officers are:
The Horizontal Gaze Nystagmus (HGN): HGN refers to the involuntary jerking of the eyeball. When an individual is intoxicated, it is believed that his/her eyes are more likely to twitch. Through the HGN test, the police 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 very important to note that Nystagmus is medical and physiological condition that’s common in a large amount of individuals, even though 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/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 possibly require drivers to perform additional tests, including:
- Finger to nose test
- Reciting the alphabet
- Counting backwards
- Balancing tests
Hire the Best Austin DWI Lawyer!
If you did perform a field sobriety test and were arrested, it is important to get in touch with the Most Effective Austin Lawyer as soon as possible. Most 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 can cause folks 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 advice:
After your criminal 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 right, 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 establish their innocence. By consulting a Austin DWI criminal defense lawyer as soon as possible subsequent to a DWI arrest, you will provide him or her a better chance of making a positive impact on your case.
If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will lead to the automatic suspension of your license.
Most importantly, contact the Recommended Austin Criminal Defense 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 will probably be safeguarded and you will have the very best opportunity of avoiding license suspension and a conviction.
Austin DWI Defense: The Most Dedicated Austin DWI Attorney
If you have been arrested and charged for DWI, and you performed one or more field sobriety test, it is vital to hire an expert Austin DWI lawyer to investigate your case and represent you in the courtroom. The Top Austin DWI Attorney will use their expertise to fight 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’ rights in the course of the arrest. Furthermore, they will be dedicated to providing each client with personalized attention, viable alternatives, and aggressive DWI defense. They will not stop working until they acquire a favorable result, and see that justice has been served.
